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SPECIAL  STATUTES  AND  PROVIS- 
IONS OF  CHARTERS  REGULATING 
SCHOOL  SYSTEMS  IN  THE  SEVERAL 
CITIES  OF  NEW  YORK  STATE 


COMPILED   BY 

THOMAS  E.  FINEGAN  M.A.  Pd.D.  LL.D. 
Assistant  ComniissicKier  for  Elementary  Education 


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SPECIAL    STATUTES    AND    PROVIS- 
IONS  OF   CHARTERS  REGULATING 
SCHOOL  SYSTEMS  IN  THE  SEVERAL 
CITIES   OF    NEW   YORK   STATE 


COMPILED   BY 

THOMAS  E.  FINEGAN  M.A.  Pd.D.  LL.D. 
Assistant  Commissioner  for  Elementary  Education 


FROM    THE   TENTH   ANNUAL    REPORT   OF   THE   STATE    EDUCATION    DEPARTMENT 


ALBANY 

THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

1915 


G0742 


SPECIAL    STATUTES    AND    PROVIS- 
IONS  OF   CHARTERS  REGULATING 
SCHOOL  SYSTEMS  IN  THE  SEVERAL 
CITIES   OF   NEW   YORK   STATE 


h 


ALBANY 

Chapter  182,  Laws  of  1898 
An  act  for  the  government  of  cities  of  the  second  class 

ARTICLE   VII 

DEPARTMENT  OF  PUBLIC  INSTRUCTION 
(This  article  applies  only  to  the  cities  of  Albany  and  Troy.) 

Section  240  There  shall  be  a  board  of  education,  composed  of  three  members, 
to  be  called  commissioners  of  education,  who  shall  be  appointed  as  hereinafter 
provided,  which  board  shall  be  the  head  of  the  department  of  public  instruc- 
tion. They  must  have  been  electors  of  the  city  for  a  period  of  at  least  five 
years  immediately  preceding  the  date  of  appointment.  Within  ten  days  after 
the  passage  of  this  act,  the  mayor  shall  appoint  one  commissioner  to  serve  until 
February  i,  1904,  one  to  serve  until  February  i,  1906.  and  one  to  serve  until 
February  i,  1908:  and  thereafter,  at  the  expiration  of  the  term  of  any  com- 
missioner, the  mayor  shall  appoint  his  successor  for  the  term  of  six  years,  which 
shall  be  the  term  of  office  of  every  commissioner  so  appointed.  In  the  case  of 
a  vacancy  in  the  office  of  commissioner,  the  mayor  shall  fill  the  vacancy  by  the 
appointment  of  a  commissioner  for  the  remainder  of  the  term.  The  commis- 
sioners shall  serve  without  pay.     (As  amended  by  L.  ipo2,  ch.  360.^ 

(Sections  241-52  were  repealed  by  L.  1899,  ch.  581 ;  new  sections  241-47  were 
added  by  L.  1902,  ch.  560.) 

§  241  The  board  shall  appoint  one  of  its  members  president,  who  shall  exer- 
cise all  the  powers  usually  incident  to  such  office.  It  shall  also  appoint  a  suitable 
person  other  than  a  member  thereof,  superintendent  of  schools  in  the  city,  who 
shall  exercise  the  powers  and  discharge  the  duties  hereinafter  defined,  and  shall 
be  allowed  such  compensation  for  his  services  as  the  board  of  estimate  and 
apportionment  may  at  any  time  determine. 

It  shall  also  appoint  from  time  to  time  such  other  employees  including  teachers 
and  attendance  officers  as  the  school  system  may  require ;  the  amount  of  their 
compensation  shall  be  fixed  by  the  board  of  estimate  and  apportionment.  It 
has  the  care,  custody  and  safekeeping  of  all  school  property,  real  and  personal ; 
and  shall  make  rules  and  regulations  for  the  government  of  the  schools  and  its 
employees  except  as  hereinafter  provided ;  prescribe  courses  of  study  and  text- 
books ;  supply  the  requisite  textbooks  and  stationery  for  the  use  of  indigent 
pupils ;  provide  the  several  schools  with  the  necessary  school  apparatus,  maps 
and  music  books,  the  expense  thereof  to  be  defrayed  out  of  the  school  moneys 
of  the  city.  No  member  of  the  board  shall  be  eligible  to  appointment  or  employ- 
ment by  the  board.     {As  added  by  L.  1902,  ch.  560.) 

§  242  The  board  has  all  the  powers  and  is  charged  with  all  the  duties  of 
commissioners  of  common  schools,  and  of  trustees  of  the  several  school  dis- 

[9] 


lO  THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

tricts  in  this  State,  under  the  general  statutes  relating  to  common  schools,  so  far 
as  such  powers  and  duties  can  be  made  applicable  to  the  schools  herein  provided 
for  and  are  not  inconsistent  vi^ith  the  provisions  of  this  act.  (As  added  by 
L.  1902,  ch.  560.) 

§  243  The  superintendent  of  schools  shall  hold  office  during  the  pleasure 
of  the  board.  Any  person  may  prefer  charges  of  incompetency,  maladministra- 
tion or  misconduct  in  office  against  the  superintendent,  and  thereupon  the  board 
shall  proceed  to  hear  the  charges,  and  in  case  the  same  shall  be  sustained  by 
the  affirmative  votes  of  a  majority  thereof  the  superintendent  shall  be  dismissed 
from  his  office.     {As  added  by  L.  1902,  ch.  560.) 

§  244  The  superintendent  has  power  and  it  is  his  duty  to  see  that  all  the 
rules  and  regulations  of  the  board  are  complied  with  by  the  principals  and 
teachers ;  to  determine  the  different  grades  of  study  which  shall  be  pursued 
in  the  various  departments  of  the  several  schools ;  to  transfer  teachers  from 
one  school  to  another,  or  from  one  grade  to  another,  to  suspend  any  teacher 
temporarily  for  cause,  provided,  however,  that  the  reason  for  suspension  shall 
be  immediately  transmitted  to  the  board  in  writing;  to  transfer  pupils  from 
one  school  to  another ;  to  prescribe  rules  and  regulations  for  the  admission, 
examination  and  promotion  of  pupils ;  and  he  shall  have  the  charge  of  the 
school  libraries.     {As  added  by  L.  1902,  ch.  360.) 

§  245  All  assistant  teachers  shall  be  appointed  for  a  probationary  period  of 
one  year,  at  the  expiration  of  which  term,  unless  satisfactory  evidence  of  incom- 
petency is  submitted  by  the  superintendent,  the  probationer  may  be  elected  by 
the  board.  Thereafter  such  teacher  shall  hold  the  position  during  good  behavior 
and  shall  be  removable  only  for  cause,  after  a  hearing,  by  the  affirmative 
votes  of  a  majority  of  the  board.  All  probationary  appointments  shall  be  made 
from  the  head  of  a  merit  list,  upon  which  the  names  of  all  eligible  candidates 
for  appointment  as  assistant  teachers  shall  appear  in  the  order  of  their  rank 
in  scholarship  and  qualifications  for  teaching;  and  it  shall  be  the  duty  of 
the  board  to  prescribe  by  rules  not  inconsistent  with  the  laws  of  the  State  the 
means  of  determining  such  rank  in  scholarship  and  qualifications.  All  principals 
shall  hold  their  positions  during  good  behavior  and  shall  be  removable  only  for 
cause,  after  a  hearing,  by  the  affirmative  votes  of  at  least  a  majority  of  the 
board.     {As  added  by  L.  1902,  ch.  560.) 

§  246  Whenever  in  the  opinion  of  the  board  any  repairs  are  needed  to  the 
public  school  buildings  in  the  city,  it  shall  call  upon  the  city  engineer  to  make 
such  repairs.  It  shall  recommend  to  the  common  council,  when  in  its  opinion  the 
public  interests  require,  the  sale  of  any  schoolhouse,  the  purchase  or  lease  of 
any  land  or  building  for  a  schoolhouse,  and  when  authorized  thereto  by  an  ordi- 
nance of  the  common  council,  the  board  of  contract  and  supply  may  make  such 
sale,  purchase  or  lease  in  the  manner  in  this  act  provided ;  and  it  may  recom- 
mend to  the  common  council  the  erection  of  any  school  building;  and  when  au- 
thorized thereto  by  an  ordinance  of  the  common  council,  the  board  of  contract 
and  supply  may  erect  such  buildings  in  the  manner  and  upon  the  conditions  pre- 
scribed in  this  act.     {As  added  by  L.  1902,  ch.  360.) 


EDUCATION    CODE  II 

§  247  All  public  money  apportioned  or  appropriated  to  or  for  the  city,  or  to 
or  for  any  of  the  school  districts  therein,  or  for  the  school  libraries,  shall  be  paid 
by  the  proper  officers  to  the  treasurer,  and  in  the  accounts  kept  by  him  shall  be 
credited  to  the  department  of  public  instruction  and  paid  out  by  him  upon 
bills  properly  allowed  and  audited  in  the  same  manner  as  obtains  in  the  case  of 
other  bills  against  the  city.     (As  added  by  L.  IQ02,  ch.  360.) 

Chapter  414,  Laws  of  1907 
An  act  to  establish  a  retirement  fund  for  teachers,  principals  and  supervisors  of 
the  public  schools  in  the  city  of  Albany,  and  to  regulate  the  collection,  man- 
agement and  disbursement  thereof 
Section  i  The  word  teacher  as  used  in  this  act  shall  be  deemed  to  include  the 
principals,  supervisors  and  superintendent  of  schools,  regularly  employed  by  the 
board  of  education  of  the  city  of  Albany.     (As  amended  by  L.  ipio,  ch.  431.) 

§  2  The  mayor,  the  president  of  the  board  of  education  and  the  comptroller 
shall  constitute  a  board  of  trustees  which  shall  have  the  general  care  and  manage- 
ment of  the  public  school  teachers  retirement  fund  created  by  this  act. 

§  3  There  is  hereby  established  in  the  city  of  Albany  a  public  school  teachers 
retirement  fund,  which  shall  consist  of  the  following  moneys,  with  interest  or 
income  therefrom,  as  follows : 

1  Contributions  of  one  per  centum  of  the  respective  salaries  of  teachers  in 
the  employ  of  the  city  of  Albany,  at  the  time  this  act  shall  take  efifect,  who  shall 
become  entitled  to  the  benefit  of  the  fund  in  the  manner  provided  in  section  7 
hereof,  and  contributions  of  one  per  centum  of  the  respective  salaries  of  all 
teachers  who  shall  enter  the  employ  of  said  city  after  this  act  shall  take  effect, 
which  contributions  shall  be  deducted  from  said  salaries  in  the  manner  herein- 
after provided. 

2  All  donations,  legacies,  gifts  and  bequests  which  shall  be  made  to  such  fund, 
and  all  moneys  which  shall  be  obtained  from  other  sources  or  by  any  other 
lawful  means  devised  for  the  increase  of  such  fund  by  such  board  of  trustees  or 
by  the  Albany  Teachers  Association. 

3  Five  per  centum  of  the  excise  money  which  the  city  of  Albany  shall  receive 
by  virtue  of  the  provisions  of  the  liquor  tax  law,  to  be  paid  into  such  fund  and 
duly  credited  thereto  by  the  proper  officials  of  said  city.  (As  amended  by  L. 
J910,  ch.  431.) 

§  4  The  comptroller  of  the  city  of  Albany  shall  be  the  custodian  of  the  moneys 
of  such  retirement  fund,  and  shall  invest  for  the  benefit  of  the  fund  all  such 
moneys  not  necessary  for  the  payment  of  annuities.  Such  investment  shall  only 
be  made  in  securities  in  which  the  savings  banks  are  authorized  by  law  to 
invest.  He  shall  report  in  detail  to  the  board  of  trustees  of  such  fund  annually 
in  the  month  of  January  the  condition  of  the  fund  and  the  items  of  receipts  and 
disbursements  on  account  of  the  same  during  the  year  ending  on  the  31st  day 
of  December  preceding.  On  and  after  January  i,  1908,  he  shall  make  quarterl) 
payments  from  such  fund  and  the  income  thereof  of  annuities  granted  in  pur- 


12  THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

suance  of  this  act  to  such  persons  as  the  board  of  trustees  shall  certify  to  be 
entitled  to  receive  the  same. 

§  5  On  and  after  January  i,  1908,  any  teacher  entitled  to  participate  in  this 
fund  as  herein  provided  who  shall  have  taught  in  the  public  schools  of  the  city 
of  Albany  for  thirty  years  or  more  may,  at  his  or  her  own  request  or  upon  the 
request  of  the  board  of  education  retire  from  service  and  become  an  annuitant 
under  this  act.  and  shall  thereafter  receive  from  the  retirement  fund  an  annuity, 
payable  quarterly,  of  a  sum  equal  to  fifty  per  centum  of  his  or  her  average  salary 
during  the  last  five  years  of  his  or  her  teaching  service  in  said  city,  except  that 
no  annuity  shall  be  more  than  six  hundred  dollars  annually,  and  provided  that 
said  teacher  retiring  to  become  an  annuitant  under  this  act  shall  have  paid  to 
the  fund  a  sum  equal  to  thirty  per  centum  of  his  average  salary  for  the  last  five 
years  of  teaching  service.  Any  such  teacher  who  shall  have  taught  twenty,  but 
less  than  thirty  years,  and  is  either  mentally  or  physically  incapacitated  for  the 
performance  of  duty  may,  with  the  consent,  or  upon  the  request  of  the  board  of 
education,  retire  from  service  and  become  an  annuitant  under  this  act,  and  shall 
thereafter  receive  from  the  retirement  fund  an  annuity,  payable  quarterly,  of  as 
many  thirtieths  of  the  full  annuity  for  thirty  years  as  said  teacher  has  taught 
years,  provided  that  said  teacher  shall  have  paid  to  the  fund  a  sum  equal  to  as 
many  per  centum  of  his  average  salary  for  the  last  five  years  as  said  teacher 
has  taught  years.  The  comptroller  shall  receive  and  shall  pay  into  the  fund  all 
moneys  contributed  by  teachers  in  compliance  with  the  provisions  of  this  section 
to  become  annuitants. 

§  6  At  the  request  of  any  teacher  who  shall  retire  or  be  retired  and  who  is 
unable  to  pay  in  advance  the  sum  required  by  section  5  before  he  is  entitled  to 
receive  an  annuity,  the  comptroller  shall  withhold  the  annuity  until  the  amount  of 
the  assessment  paid  into  the  retirement  fund  and  the  accumulation  of  the  annuity 
equal  the  sum  required  to  be  paid  into  the  fund  ;  provided,  however,  that  such 
assessment  be  paid  within  one  year  after  retirement  of  any  teacher. 

§  7  Any  teacher  in  the  public  schools  of  the  city  of  Albany  at  the  time  this 
act  takes  efifect  may  file  with  the  board  of  education  of  such  city  and  the  board 
of  trustees  of  the  retirement  fund  created  by  this  act,  a  certificate  stating  that 
such  person  desires  to  avail  himself  or  herself  of  the  benefits  of  this  act  and  is 
willing  to  contribute  to  such  fund  from  his  or  her  salary,  annually,  an  amount 
equal  to  one  per  centum  thereof,  such  certificate  to  be  so  filed  before  January  i, 
1911,  and  thereupon  such  person  shall  become  entitled  to  the  benefits  of  this  act 
when  he  or  she  shall  have  paid  into  such  fund  the  amount  required  to  entitle 
him  or  her  to  an  annuity  thereunder  and  shall  have  taught  for  the  period  of 
time  required  to  entitle  him  or  her  to  an  annuity.  The  board  of  education,  when 
making  up  payrolls,  shall,  after  this  act  takes  efifect,  deduct  for  the  period  covered 
by  such  payrolls  one  per  centum  of  the  salary  of  each  teacher  who  has  filed  such 
certificate  and  of  each  teacher  entering  the  employ  of  said  city  after  this  act  takes 
efifect,  and  such  payroll  shall  state,  opposite  the  name  of  such  teacher,  the 
amount  of  deduction.    Such  payroll  shall  also  state  the  amount  deducted  from  the 


EDUCATION    CODE  13 

salary  of  each  teacher  on  account  of  absences  from  duty  during  such  period. 
The  board  of  education  shall  issue  a  certificate  to  the  treasurer  at  the  time  each 
payroll  is  made,  and  such  certificates  shall  accompany  the  payrolls  and  shall  show 
the  total  amount  of  deductions  by  the  assessment  of  one  per  centum  of  salary, 
and  also  the  total  amount  of  deductions  from  the  salaries  of  teachers  for  absences 
from  duty  and  also  the  actual  extra  expense  to  the  city  of  a  substitute  for  such 
teacher  during  such  absence,  and  such  deductions  of  one  per  centum  of  the 
salaries  of  teachers  together  with  that  part  of  the  deductions  from  salaries  of 
teachers  for  absences  from  duty  which  be  left  after  the  actual  extra  expense  to 
the  city,  of  substitutes  for  such  teachers,  has  been  subtracted  from  such  deductions, 
shall  be  paid  into  the  retirement  fund  and  duly  credited  thereto  by  the  city 
comptroller.     (As  amended  by  L.  ipio,  ch.  431.) 

§  8  If  the  moneys  of  the  retirement  fund  at  the  disposal  of  the  comptroller 
be  found  at  any  time  inadequate  to  carry  out  the  provisions  of  this  act,  he  shall 
distribute  such  moneys  pro  rata  to  the  persons  entitled  to  participate  in  such 
fund,  and  such  distribution  shall  be  in  full  of  all  annuities  then  due. 

v^  9  Whenever  a  teacher  is  retired  by  the  board  of  education  and  granted  an 
annuity  pursuant  to  this  act,  the  board  shall  certify  such  fact  to  the  comptroller 
stating  the  name  of  such  teacher  and  the  amount  of  annuity  to  which  he  is 
entitled  and  the  day  when  the  payment  of  such  annuity  shall  begin. 

§  10  The  board  of  trustees  of  such  fund  shall  make  all  needed  rules  to 
carry  out  the  provisions  of  this  act. 

§  1 1  Annuities  payable  under  the  provisions  of  this  act  shall  be  calculated  only 
from  and  after  January  i,  1908. 


AMSTERDAM 

Chapter  242,  Laws  of  1911 

An  act  to  amend,  consolidate  and  revise  the  several  acts  relative  to  the  city 

of  Amsterdam 

TITLE    X 

THE  SCHOOL  DISTRICT 

Section  116  City  and  school  district.  All  the  territory  included  within  the 
boundaries  of  the  city  of  Amsterdam  shall  constitute  a  separate  school  district 
within  this  State,  and  shall  be  designated  as  "  The  school  district  of  the  city 
of  Amsterdam."  It  may  bear  such  other  or  additional  designation  as  the 
Superintendent  of  Public  Instruction  of  this  State  may  by  law  prescribe.  Such 
district  shall  be  entitled  to  all  the  rights,  powers,  privileges,  public  moneys  and 
other  benefits  conferred  by  law  or  other  State  authority  upon  school  districts, 
and  shall  be  subject  to  all  the  rules,  regulations,  powers  of  inspection  and  super- 
intendence prescribed  by  law  applicable  to  school  districts  in  cities,  except  as 
otherwise  hereinafter  prescribed. 

§  117  Board  of  education.  The  affairs  of  said  school  district  of  the  city 
of  Amsterdam  sball  be  managed  by  a  board  composed  of  one  member  to  be 
elected  from  each  ward  of  said  city,  and  two  members  to  be  elected  from  the 
city  at  large,  which  board  shall  be  a  body  corporate  and  shall  be  known  and 
designated  as  the  "  Board  of  Education  of  the  City  of  Amsterdam."  The  two 
members  from  the  city  at  large  shall  not  be  residents  of  the  same  ward  in 
said  city.  Said  board  shall  possess  all  the  powers  conferred  and  discharge 
all  the  duties  imposed  by  this  act  or  by  any  general  law  of  this  State  relating 
to  school  districts  in  cities  or  relating  to  the  boards  of  education  of  such  districts, 
and  not  inconsistent  with  the  provisions  of  this  act. 

§  118  Title  to  school  property.  The  board  of  education  shall  have  the 
power,  subject  to  the  provisions  of  this  act,  to  purchase,  take,  lease,  hold  or 
improve  any  real  or  personal  estate  for  the  support  and  maintenance  of  public 
schools  or  for  any  purpose  of  education  in  said  city  in  trust,  however,  for  the 
school  district  of  the  city.  It  may  also  take  by  gift,  grant,  bequest  or  devise 
and  hold  any  real  or  personal  estate  in  trust  for  any  purpose  of  education  or 
art,  or  for  the  purchase,  support  or  maintenance  of  public  libraries  in  said  city 
upon  such  terms  as  may  be  prescribed  by  the  donor  or  donors  and  accepted  by 
said  board  of  education,  and  it  may  execute  any  trust  for  any  purpose  afore- 
said and  provide  for  the  proper  execution  thereof. 

§  119  School  elections.  Tiie  annual  election  for  school  officers  in  said  city 
shall  be  held  on  the  second  Tuesday  of  September  in  each  year,  and  there  shall 
be  elected  each  year  at  such  election  members  of  the  board  of  education  to  succeed 
those  members  whose  terms  of  office  shall  expire  during  said  year  and  such 
other  members  as  may  be  necessary  to  fill  vacancies  that  may  have  occurred 

[14] 


EDUCATION    CODE  15 

during  the  preceding  year  for  the  unexpired  term  of  any  member  whose  office 
shall  have  become  vacant.  Public  notice  of  every  annual  or  tax  election  held 
under  this  act  shall  be  given  by  said  board  of  education  of  the  city  of  Amsterdam, 
by  notice,  signed  by  its  president  and  clerk,  which  notice  shall  be  published  in 
the  official  newspapers  of  said  city,  at  least  once  in  each  week  for  three  con- 
secutive weeks  immediately  preceding  such  election.  The  board  of  education 
shall,  each  year,  designate  at  least  three  polling  places,  in  as  many  separate  wards, 
at  which  such  annual  election  shall  be  held,  and  the  particular  wards  for  which 
each  polling  place  shall  serve,  and  the  same  shall  be  set  forth  in  said  notice. 
as  well  as  the  officers  to  be  elected  thereat,  together  with  the  terms  for  which 
they  are  to  serve,  respectively.  The  clerk  of  the  board  of  education  shall,  each 
year,  and  at  least  ten  days  before  the  date  of  such  annual  election,  notify  the 
inspectors  of  election  of  the  election  districts  in  which  each  of  said  polling  places 
are  situated,  by  notice  mailed  to  each  of  them  in  the  post  office  of  said  city, 
of  every  such  election,  and  the  polling  places  designated  by  said  board.  The 
inspectors  in  each  of  said  election  districts  shall  preside  and  conduct  said  annual 
election,  at  the  places  of  their  respective  districts,  designated  as  aforesaid,  and 
their  powers  and  duties  in  respect  thereto  shall  be  determined  and  regulated  by 
the  provisions  relating  to  the  holding  of  the  general  city  elections  for  city  officers, 
except  as  modified  by  this  act.  All  elections  shall  be  opened  at  each  polling 
place  at  three  o'clock  in  the  afternoon,  and  shall  be  kept  open  without  intermission 
or  adjournment  until  seven  o'clock  in  the  afternoon,  when  the  same  shall  be 
finally  closed,  and  the  inspectors  shall  forthwith  without  intermission  or  adjourn- 
ment, canvass  all  votes  cast,  declare  and  make  a  statement  of  the  result,  as 
required  in  the  general  city  elections,  and  shall  forthwith  file  such  statements 
of  the  result  with  the  clerk  of  the  board  of  education  of  said  city.  Every 
inhabitant  of  said  city  qualified  to  vote  for  school  officers,  under  the  general 
school  laws  of  this  State  shall  then  and  there  be  entitled  to  vote  at  such  election ; 
but  no  such  inhabitant  shall  vote  at  any  polling  place,  except  that  designated 
for  the  ward  in  which  he  or  she  may  reside  at  the  time  of  oflfering  such  vote, 
and  shall  have  resided  for  at  least  thirty  days  immediately  prior  to  such  election, 
and  except  at  the  polling  places  designated  by  said  board,  at  which  an  election 
shall  be  held,  for  the  election  of  a  trustee  or  trustees,  by  the  city  at  large,  and 
at  the  polling  places  designated  by  said  board  at  which  the  electors  will  vote 
for  or  against  the  "  school  tax"  as  provided  in  section  123  herein. 

§  120  Organization  of  board.  On  the  day  following  such  school  election  the 
board  of  education  of  said  city  shall  convene  at  eight  o'clock  in  the  evening,  at  its 
regular  place  of  meeting,  and  all  the  certificates  of  the  votes  cast  at  each  of 
the  polling  places  designated  as  aforesaid,  shall  be  produced,  and  said  board 
of  education  shall  forthwith  proceed  to  canvass  such  certificates,  declare  the 
result  thereof,  and  make  a  certificate  in  writing  of  all  those  who  were  duly 
elected  at  said  election,  and  shall  immediately  file  a  duplicate  thereof,  signed  by 
the  president  and  clerk,  in  the  office  of  the  city  clerk.  The  persons  so  elected 
shall  thereupon  take  the  constitutional  oath  of  office,  and  the  board  of  education 
of  the  city  of  Amsterdam,  as  constituted  for  the  preceding  year,  shall  be  di.'- 


l6  THE    UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

solved  and  the  board  of  education  composed  of  the  persons  so  declared  elected 
and  those  whose  terms  of  office  shall  not  have  expired  shall  then  organize, 
by  electing  one  of  their  number  president,  and  a  resident  of  the  city,  not  of  their 
number,  clerk  of  said  board,  who  shall  hold  office  during  the  pleasure  of  said 
board  and  whose  compensation  shall  be  fixed  by  such  board.  The  clerk  shall 
keep  an  accurate  record  of  the  proceedings  of  said  board,  and  shall  perform 
such  other  duties  as  the  board  may  prescribe.  A  majority  of  the  board  of 
trustees  of  said  board  of  education  shall  constitute  a  quorum  for  the  transaction 
of  business.  The  members  of  said  board  shall  receive  no  compensation,  directly 
or  indirectly,  for  their  services. 

§  121  General  powers  and  duties  of  board  of  education.  Subject  to  the 
provisions  of  this  act,  the  board  of  education  of  the  city  of  Amsterdam  shall 
have  power  and  it  shall  be  its  duty : 

a  To  provide  a  place  for  its  meetings  and  adopt  such  rules  and  regulations 
for  the  conduct  of  its  business  as  it  may  deem  advisable. 

b  To  establish  and  organize  in  said  city  such  schools,  and  night  schools, 
as  said  board  shall  deem  requisite  and  expedient,  and  to  change  or  discontinue 
the  same  at  its  discretion. 

c  To  establish  and  maintain,  whenever  it  shall  be  deemed  expedient  so  to  do, 
within  the  limits  of  the  school  district  hereby  created,  a  high  school,  to  which 
graduates  from  the  said  schools  of  said  district  shall  be  admitted  for  a  course 
of  instruction  to  be  regulated  by  the  board  of  education. 

d  To  alter,  improve  and  repair  schoolhouses  and  appurtenances,  hire  rooms 
for  school  purposes  as  may  be  deemed  advisable,  and  when  authorized  by  a 
vote  of  the  qualified  voters  of  the  school  district,  to  sell  and  dispose  of,  or  pur- 
chase, schoolhouses,  lots  or  sites. 

e  To  purchase,  exchange,  improve  and  repair  school  apparatus,  books,  fur- 
niture and  appendages,  and  to  defray  the  necessary  expense  attending  the  same. 

/  To  insure  the  schoolhouse  or  houses  and  their  furniture,  apparatus  and 
appendages,  and  the  school  library,  in  some  company  or  companies  created  by 
or  under  the  laws  of  this  State,  and  to  comply  with  the  conditions  of  the  policy 
and  policies,  and  raise  the  sum  or  sums  paid  for  the  premium  or  premiums  by 
tax  in  like  manner  as  other  moneys  are  raised  for  school  purposes. 

g  To  have  the  custody  and  safekeeping  of  the  school  buildings,  lots,  out- 
houses, books,  furniture  and  appendages,  arid  to  see  that  the  ordinances  and 
by-laws  of  said  city  in  relation  thereto  arc  enforced,  and  any  violation  thereof 
punished. 

h  To  contract  with  and  employ  a  superintendent  of  instruction  for  said  city, 
and  fix  his  compensation,  to  contract  with  and  employ  all  necessary  teachers 
for  the  schools  of  said  city,  and  at  pleasure  to  remove  them  or  any  of  them, 
or  the  superintendent  of  instruction,  under  such  rules  and  regulations  as  may 
be  established  by  law,  or  by  the  Department  of  Public  Instruction  of  this  State. 

i  To  pay  the  salaries  of  superintendent  and  teachers  out  of  any  moneys  appro- 
pn'ntcd  or  provided  by  law  for  that  purpose. 


EDUCATION    CODE  I? 

;  To  defray  the  necessary  contingent  expenses  of  said  board  and  said  district, 
including  the  wages  of  clerk,  janitors,  truant  officers  and  other  assistants  and 
employees,  and  incidental  expenses. 

k  To  expend  all  moneys  raised  by  virtue  of  this  act,  for  purchasing  sites, 
erecting  or  enlarging  schoolhouses,  or  for  other  purposes,  in  such  manner  as 
may  be  deemed  advisable,  but  only  for  the  purpose  for  which  the  same  was 
raised,  and  the  expenditures  herein  directed  apply  only  to  school  property  located 
within  the  boundaries  of  the  city  of  Amsterdam,  outside  of  which  the  board  of 
education  hereby  created  has  neither  authority  nor  jurisdiction. 

/  To  make  provision  for  the  instruction  of  pupils  in  physiology  and  hygiene 
with  special  reference  to  the  effect  of  alcoholic  drinks,  stimulants  and  narcotics 
upon  the  human  system. 

ni  To  license,  upon  the  recommendation  of  the  superintendent  of  instruction 
of  said  city,  subject  to  the  regulations  prescribed  by  the  Department  of  Public 
Instruction  of  this  State  in  relation  to  the  examination  of  persons  in  regard  to 
their  qualifications  to  teach,  all  teachers  employed  in  the  schools  of  said  city. 

n  To  take  and  appropriate  land  and  other  real  property  within  said  city  for 
the  site  of  schoolhouses,  or  for  other  school  purposes,  when  authorized  to  do 
so,  upon  making  compensation  therefor  in  cases  where  the  owners  thereof, 
or  some  of  them,  shall  not  consent  to  sell  the  same  for  such  purposes,  or  the 
board  of  education  of  the  said  city  can  not  agree  with  such  owner  or  owners, 
or  some  of  them,  upon  the  price  or  value  thereof,  as  real  property  for  public 
use,  is  taken  under  and  pursuant  to  the  laws  of  this  State.  The  board  of  educa- 
tion of  said  city  is  hereby  authorized  and  empowered  to  institute,  carry  on  and 
complete  the  proceedings  necessary  for  acquiring  said  land,  and  the  title  thereto, 
for  and  on  behalf  of  said  school  district.  The  method  of  procedure  to  acquire 
such  land  shall  be  that  prescribed  for  the  condemnation  of  real  property  for 
public  use  in  title  i  of  chapter  23  of  the  Code  of  Civil  Procedure,  and  any 
amendments  thereof,  entitled  "  proceedings  for  the  condemnation  of  real  prop- 
erty "  and  known  as  the  "  condemnation  law." 

0  To  have  to  the  exclusion  of  all  boards  and  officers,  except  the  Superintendent 
of  Public  Instruction  of  this  State  and  the  Board  of  Regents  of  this  State, 
the  entire  supervision  and  management  of  the  public  schools  in  said  city,  and 
the  right  from  time  to  time  to  adopt,  alter,  modify  or  repeal,  as  they  may  deem 
expedient,  rules  and  regulations  for  their  organization,  government  and  instruc- 
tion, for  the  reception  of  pupils  and  their  transfer  from  one  schoolroom  or 
schoolhouse  to  another,  for  their  advancement  from  class  to  class  as  their  degrees 
of  scholarship  shall  warrant,  and  generally  for  the  promotion  of  the  good  order 
and  prosperity  of  said  school. 

p  To  allow  the  children  of  persons  not  resident  within  said  city  to  attend 
any  of  the  schools  therein  under  the  control  of  said  board,  upon  such  terms  as 
said  board  may  prescribe. 

(/  To  establish  and  maintain  a  school  library  and  to  provide  .suitable  rooms 
therefor,  to  employ  and  pay  a  librarian,  to  have  the  care  and  supervision  of  the 
books  and  other  publications  belonging  thereto,  and  supervise  the  letting  out  and 


1 8  THE    UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

return  thereof.  To  exercise  the  same  discretion  as  to  the  disposition  of  the 
moneys  provided  by  law  for  the  purpose  of  Hbraries  as  is  conferred  upon  the 
inhabitants  of  school  districts. 

r  Except  as  otherwise  provided  by  this  act,  to  exercise  all  the  powers  con- 
ferred upon  the  inhabitants  of  school  districts  at  school  district  meetings.  And 
except  as  otherwise  provided  by  this  act,  to  exercise  all  the  powers  conferred 
and  all  the  duties  imposed  by  the  general  laws  of  this  State  applicable  to  boards 
of  education  in  cities.  The  records  of  the  proceedings  of  said  board  or  a  tran- 
script thereof,  certified  by  its  president  and  clerk,  shall  be  received  in  all  courts 
or  places  as  prima  facie  evidence  of  the  facts  therein  stated. 

§  122  Estimate  of  school  expenses.  On  or  before  the  15th  day  of  January 
in  each  year,  the  board  of  education  shall  prepare  a  statement  of  such  sums  of 
money  as  it  may  deem  necessary  for  the  following  purposes,  for  the  year  be- 
ginning on  the  next  succeeding  ist  day  of  August: 

a  For  the  wages  of  superintendent  and  teachers,  after  applying  all  the  public 
school  and  other  moneys  applicable  thereto. 

b  For  the  maintenance  of  a  high  school,  and  the  payment  of  the  teachers 
thereof  after  applying  such  of  the  public  school  and  other  moneys  as  may  be 
applicable  thereto. 

c  For  the  repairs  of  schoolhouses,  outhouses  and  grounds,  with  their  append- 
ages and  appurtenances. 

d  For  the  purchase,  repair,  or  improvements  of  school  apparatus,  books, 
furniture  and  fixtures. 

e  For  the  purchase,  maintenance  and  care  of  the  school  library,  but  not  to 
exceed  $400  in  any  one  year. 

/  For  the  rent  of  schoolhouses  and  rooms  for  school  purposes,  the  purchase 
of  fuel  and  lights,  and  to  pay  the  contingent  expense  of  the  district,  including 
the  wages  of  clerk,  janitors,  truant  officers,  and  other  assistants  and  employees, 
and  incidental  expenses. 

g  For  such  other  purposes  as  are  required  by  the  provisions  of  this  act.  Such 
statements  shall,  within  the  time  hereinbefore  specified,  be  presented  to  the 
mayor  or  acting  mayor  of  said  city,  and  if  he  approve  such  statement,  he  shall 
sign  it,  and  immediately  file  the  same  with  the  city  clerk ;  if  he  does  not  approve 
any  item  therein,  except  the  items  hereinafter  mentioned,  which  he  can  not 
disapprove,  he  shall  within  two  days  return  the  same  to  the  president  or  clerk 
of  said  board  of  education  with  his  objections  indorsed  thereon  or  annexed 
thereto.  The  mayor  or  acting  mayor  of  said  city  shall  not  have  power  or 
authority,  however,  to  disapprove  or  veto  any  part,  portion  or  item  of  such  state- 
ment which  specifies  the  amount  of  money  deemed  necessary  for  the  payment 
of  the  salary  and  wages  of  the  superintendent  and  teachers  of  said  schools  and 
the  payment  of  the  contingent  expenses  of  said  schools,  but  said  board  of  educa- 
tion shall  have  the  exclusive  power  and  authority  to  fix  and  determine  the  amount 
of  money  necessary  for  the  payment  of  said  salary,  wages,  and  contingent  ex- 
penses.    Said  board  shall  then  proceed  to  reconsider  said  statement,  and  if  two- 


EDUCATION    CODE  I9 

thirds  of  all  the  members  then  in  office  agree  to  pass  the  same,  it  shall  stand  as 
if  approved  by  the  mayor  and  shall  be  immediately  filed  with  the  city  clerk. 
If  two-thirds  of  the  members  of  said  board  do  not  agree  to  sustain  the  state- 
ment as  made,  it  shall  be  modified  so  as  to  conform  to  the  views  expressed  by 
the  mayor  in  his  objections,  and  he  shall  then  sign  it  and  file  it  with  the  city 
clerk.  If  the  mayor  or  acting  mayor  fails  to  sign  the  statement  of  moneys 
required,  as  herein  provided,  or  fails  to  return  such  statement,  with  his  objections 
thereto,  to  the  board  of  education,  within  two  days  after  its  submission,  said 
statement  shall  be  filed  with  the  city  clerk  in  the  same  manner  as  if  it  had  been 
approved.  W'hen  such  statement  is  filed  with  the  city  clerk,  the  common  council 
of  said  city  shall  include  the  amount  therein  called  for  in  the  annual  tax  and 
assessment  roll  for  that  year,  and  the  amount  so  certified  shall  be  collected  and  paid 
to  the  city  treasurer  who  shall  credit  it  to  the  general  school  fund  of  the  board 
of  education.  All  public  moneys  or  public  funds  belonging  or  appropriated  to 
the  use  of  said  district  shall  be  paid  to  the  treasurer  of  said  city,  who  shall  keep 
the  same  separate  from  the  general  fund  of  the  city,  and  shall  credit  to  the  board 
of  education  fund  the  moneys  or  property  belonging  thereto.  The  board  of 
education  shall  disburse  all  the  funds  of  the  said  district  by  orders  upon  the 
city  treasurer,  signed  by  its  clerk  and  countersigned  by  its  president.  Said  orders 
shall  be  numbered  consecutively,  and  shall  specify  the  purpose  for  which  they 
ire  drawn,  persons  to  whom  payable,  and  the  particular  school  fund  to  which 
they  are  chargeable.  Upon  the  request  from  said  board  of  education  the  city 
treasurer  shall  certify  from  time  to  time  the  balance  remaining  to  the  credit  of 
said  school  fund  or  each  separate  fund  thereof.  Whenever  any  moneys  are 
collected  by  or  paid  to  the  city  treasurer  for  school  purposes  it  shall  not  be  lawful 
for  said  treasurer  to  apply  such  money,  or  any  part  thereof,  to  any  other  pur- 
pose or  object. 

i;  123  New  sites  and  buildings;  issue  of  bonds.  When  the  board  of  educa- 
tion shall  determine  by  resolulion  that  it  is  necessary  to  purchase  any  site  or 
any  addition  to  any  site  or  erect  any  school  building  or  enlarge  any  school  or  any 
building  already  erected,  it  shall  specify  in  such  resolution  the  ward  within  which 
such  site  is  to  be  purchased  or  building  erected  or  enlarged  and  the  particular 
sum  required  for  each  separately.  The  clerk  of  the  board  of  education  shall 
embody  such  resolution  in  a  notice  of  election  which  he  shall  cause  to  be  published 
in  the  ofikial  newspapers  at  least  once  in  each  week  for  three  consecutive  weeks 
immediately  preceding  the  annual  election  for  school  officers  in  said  city.  The 
board  of  education  shall  provide  at  the  proper  time  sufficient  printed  ballots  for 
and  against  said  tax  for  the  use  of  the  electors,  which  shall  be  indorsed  "  school 
tax,"  and  shall  be  deposited  in  a  separate  ballot  box  provided  therefor  and 
marked  "  school  tax."  Upon  the  inside  of  such  ballots  shall  be  printed  the  several 
items  or  objects  to  be  voted  for  or  against.  Separate  ballots  shall  be  provided 
for  and  against  each  separate  proposition  to  be  voted  upon.  The  inspectors  of 
election  shall  canvass  the  said  votes  and  make  a  statement  thereof  in  respect  to 
each  item  voted  upon,  and  immediately  file  the  same  with  the  clerk  of  the  board 


20  THE    UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

of  education.  Within  three  days  following  such  election  the  board  of  education 
shall  convene  at  its  usual  place  of  meeting  at  eight  o'clock  in  the  evening,  and 
the  statement  from  each  polling  place  shall  be  produced,  and  the  board  shall 
forthwith  declare  and  make  a  certificate  in  writing  of  the  result.  In  case  a 
majority  of  tlie  votes  cast  be  in  favor  of  any  said  taxes,  the  board  of  education 
shall  have  authority  to  borrow,  upon  the  faith  and  credit  of  said  city,  the  aggre- 
gate of  the  items  having  such  majority,  or  any  part  thereof,  at  any  time  before 
and  until  the  same  can  be  provided  for  according  to  law.  In  case  the  sum  or 
sums  so  authorized  to  be  raised  shall  exceed  the  sum  of  $10,000,  the  board  of 
education  shall  issue  bonds  or  other  evidence  of  indebtedness  in  such  form  as 
it  may  prescribe  for  such  sum  or  sums  at  a  rate  of  interest  not  exceeding  5  per 
centum  per  annum  and  payable  at  the  rate  of  not  more  than  $10,000  of  principal 
per  year.  Said  bonds,  or  any  part  thereof,  may  be  sold  by  said  board  of  educa- 
tion in  such  manner  as  it  may  deem  best,  but  not  at  less  than  the  par  value 
thereof.  The  board  of  education  shall,  on  or  before  the  15th  day  of  January  in 
each  year,  file  with  the  mayor  a  statement  of  the  amount  necessary  to  be  raised 
to  pay  the  interest  and  principal  that  will  become  due  during  the  ensuing  year 
upon  the  bonds  or  obligations  so  issued  by  said  board,  and  the  common  council 
shall  include  the  same  in  the  annual  city  tax  and  assessment  roll  for  that  year. 
Such  amount  shall  be  collected  and  paid  to  the  city  treasurer  and  by  him  credited 
to  the  "  board  of  education  fund."  The  common  council,  upon  receiving  the 
certificate  of  the  result  of  any  such  election  from  the  board  of  education,  at 
which  any  money  was  voted  to  be  raised,  shall  include  $10,000  of  the  amount  so 
authorized  to  be  raised,  or  any  less  sum  which  may  have  been  so  authorized,  in 
the  next  levy  and  assessment  roll  for  the  collection  of  taxes  in  said  city ;  but  no 
bonds  or  other  obligations  shall  be  made  to  mature  at  such  time  as  will  make 
the  amount  to  be  raised  by  tax  for  this  purpose  in  any  one  year  exceed  $10,000 
of  principal.  This  shall  not  be  construed  to  affect  any  obligation  made  prior  to 
the  passage  of  this  act.  The  board  of  education,  after  completing  the  work  or 
other  objects  for  which  the  said  money  may  have  been  raised,  may  apply  any 
unexpended  balance  which  may  remain  to  any  object  authorized  or  contemplated 
by  this  section.  The  polling  places  for  said  election  shall  be  designated  and  said 
election  shall  be  conducted  in  the  same  manner  as  provided  in  section  119  of 
this  act  relative  to  annual  school  elections,  except  as  in  this  section  otherwise 
provided. 

§  124  Annual  report.  It  shall  be  the  duty  of  the  board  of  education,  on 
or  before  the  ist  day  of  August,  in  each  year,  to  make  and  publish  in  the  ofificial 
newsj)apers  of  said  city  a  detailed  report  of  the  manner  in  which  it  shall  have 
expended  the  money  provided  for  and  appropriated  to  school  purposes,  from  any 
source  during  the  last  fiscal  year  of  said  board  of  education,  also  a  full  state- 
ment of  the  bonded  or  other  indebtedness  of  the  district.  The  said  board  may 
also,  as  soon  thereafter  as  practicable,  make  and  publish,  in  such  form  as  they 
consider  advisable,  such  otiier  and  more  extended  report  in  relation  to  the  affairs 
of  the  schools  of  said  city  as  in  their  judgment  may  be  of  interest  to  the  in- 


EDUCATION    CODE  21 

habitants  thereof.  Said  board  of  education  shall  also  make  a  report  to  the  Super- 
intendent of  Public  Instruction  of  this  State,  and  such  report  shall  be  made  in 
the  manner,  and  at  such  times,  as  he  may  direct. 

^  125  Public  moneys.  It  shall  be  the  duty  of  the  Superintendent  of  Public 
Instruction  of  this  State  to  apportion  for  the  use  of  the  board  of  education  of 
the  city  of  Amsterdam,  such  portions  of  the  school  library  and  other  money  as 
it  shall  be  entitled  to,  by  its  annual  report,  in  the  same  manner  in  which  such 
moneys  are  apportioned  to  cities  and  the  amount  to  which  it  shall  be  so  entitled 
shall  be  certified  to  the  county  treasurer  of  Montgomery  county.  The  said  county 
treasurer  of  Alontgomery  county  shall  pay  over  to  the  treasurer  of  the  city  of 
Amsterdam,  for  the  use  of  the  board  of  education  of  said  city,  such  proportion 
of  the  school,  library  and  other  public  moneys  as  may  be  apportioned  by  law  or 
by  the  Superintendent  of  Public  Instruction  of  this  State  to  the  board  of  educa- 
tion of  the  city  of  Amsterdam,  for  teachers'  wages,  library  and  other  school 
purposes. 

§  126  Ordinances.  The  common  council  of  the  city  of  Amsterdam  shall 
have  the  power,  and  it  shall  be  its  duty  to  pass  such  ordinances  and  by-laws  as 
the  board  of  education  of  said  city  shall  report  as  necessary  for  the  protection, 
safekeeping,  care  and  preservation  of  the  school  buildings  and  other  property 
of  said  district,  and  to  impose  such  penalties  for  the  violation  of  the  same  as  it 
shall  deem  proper. 

§  127  Vacancies.  All  vacancies  in  the  board  of  education  occasioned  by  the 
resignation,  refusal  to  serve,  death  or  removal  of  any  of  its  members,  shall  be 
filled  by  appointment  by  said  board  until  the  next  regular  school  election,  when 
the  residue  of  the  term  if  any,  shall  be  filled  by  election,  as  hereinbefore  pre- 
scribed. 

§  128  Superintendent  of  instruction;  general  duties;  report.  The  super- 
intendent of  instruction  of  the  city  of  Amsterdam  shall  confer  with  and  act  under 
the  direction  of  the  board  of  education  of  said  city  in  performing  the  duties  of 
his  office.  He  shall,  subject  to  the  direction  of  said  board,  have  general  control 
and  supervision  of  the  public  schools  and  the  teachers  thereof  in  said  city,  and 
shall  on  or  before  the  3d  day  of  January,  in  each  year,  report  in  writing  to  the 
board  of  education  as  follows : 

The  whole  number  of  schools  within  the  jurisdiction  of  the  board  of  education 
and  their  sanitary  conditions  ;  the  repairs  or  alterations,  if  any,  that  are  necessary 
for  such  schools ;  the  condition  of  the  school  furniture,  apparatus  and  books  in 
the  several  schools,  and  the  repairs  or  additions  thereto  that  may  be  necessary ; 
the  number  of  teachers  employed  in  the  several  schools,  and  their  efficiency,  with 
suggestions  as  to  the  increase  or  decrease  in  the  number  thereof;  number  of 
pupils  registered  at  each  school  and  the  average  daily  attendance;  such  changes 
in  the  curriculum  of  any  or  all  of  the  schools  as  he  may  deem  advisable;  as  to 
the  condition  and  management  of  the  high  school ;  such  other  information  in 
relation  to  the  city  schools  as  may  be  of  interest  to  the  people  of  the  city  of 
.Amsterdam. 


22  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

§  129  School  district  a  union  free  school  district.  The  school  district  of 
the  city  of  Amsterdam  is  hereby  declared  to  be  a  union  free  school  district  under 
the  laws  of  this  State  relating  to  public  instruction.  All  provisions  of  law  not 
inconsistent  with  the  provisions  of  this  act  applicable  to  school  districts  whose 
limits  correspond  with  any  incorporated  city  and  the  boards  of  education  therein 
and  the  corporate  authorities  of  such  cities,  are  made  applicable  to  the  school 
district  of  the  city  of  Amsterdam  and  the  board  of  education  thereof  and  to  the 
corporate  authorities  of  said  city. 


AUBURN 

Chapter  577,  Laws  of  1875 
An  act  to  revise  and  consolidate  the  several  acts  relative  to  the  public  schools  of 
the  city  of  Auburn 

Section  i  The  several  school  districts  in  the  city  of  Auburn  are  hereby  con- 
solidated, and  the  corporate  limits  of  said  city  as  they  now  exist,  or  may  here- 
after be  changed,  are  hereby  declared  to  be  a  separate  school  district,  but  nothing 
in  this  act  shall  be  construed  to  prevent  the  board  of  education  hereinafter  named 
from  making,  from  time  to  time,  such  subdivisions  of  said  district  as  may  be 
necessary  for  the  convenience  and  accommodation  of  the  pupils  attending  school 
therein.  The  trustees  and  clerks  of  the  several  school  districts  of  said  city  shall, 
as  soon  as  this  act  takes  effect,  transfer  to  the  secretary  of  the  board  of  education 
hereinafter  named,  all  records,  books  and  papers  of  their  respective  school  dis- 
tricts in  their  official  custody.  The  title  to  all  real  and  personal  property  now- 
belonging  to  the  public  school  fund  of  said  city,  or  which  may  be  hereafter 
acquired,  by  purchase,  gift,  grant  or  otherwise,  is  hereby  vested  in  said  board  of 
education,  and  the  same  shall  not  be  subject  to  taxation  for  any  purpose  whatever. 

§  2  The  public  schools  of  said  city  shall  be  under  the  control  and  management 
of  nine  commissioners  of  public  schools,  to  be  chosen  in  the  manner  hereinafter 
provided,  who  shall  constitute  and  be  called  and  known  by  the  name  of  "  The 
Board  of  Education  of  the  City  of  Auburn."  Said  board  of  education  is  hereby 
constituted  a  body  corporate  in  relation  to  all  the  powers  and  duties  conferred 
upon  it  by  this  act  and  in  the  name  aforesaid,  may  sue  and  be  sued,  and  shall 
have  a  corporate  seal,  such  as  said  board  may  designate. 

§  3  The  members  of  the  present  board  of  education  are  hereby  continued  in 
office  until  the  new  board  hereinafter  provided  for,  shall  have  been  duly  elected 
and  quahfied.  But  the  terms  of  office  of  each  of  the  members  of  the  present 
board  of  education  shall  cease  and  determine  when  such  board  shall  have  been 
duly  elected  and  qualified. 

§  4  Under  the  provisions  of  this  act,  an  election  shall  be  held  in  said  city 
on  the  third  Tuesday  of  May,  in  the  year  1876,  and  on  the  third  Tuesday  of  May 
in  each  and  every  year  thereafter,  at  such  places  as  the  common  council  shall 
designate  of  which  at  least  twenty  days'  notice  shall  be  given  by  publication  in 
one  or  more  daily  papers  published  in  said  city,  and  by  posting  the  same  in  at 
least  two  public  places  in  each  ward,  signed  by  the  city  clerk  and  by  the  secretary 
of  the  board  of  education  of  said  city. 

§  5  The  first  and  tenth  wards,  as  now  designated,  shall  constitute  the  first 
election  district;  the  fifth  and  sixth  wards  shall  constitute  the  second  election 
district,  the  fourth  and  seventh  wards  shall  constitute  the  third  election  district, 
the  third  and  eighth  wards  shall  constitute  the  fourth  election  district  and  the 
second  and  ninth  wards  shall  constitute  the  fifth  election  district  for  the  purposes 

\23] 


24  THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

of  this  act ;  and  the  inspectors  of  election,  selected  and  appointed  pursuant  to 
the  provisions  of  the  election  law^  to  serve  at  general  elections  in  said  city,  for 
the  wards  wherein  the  elections  under  this  act  shall  be  designated  to  be  held,  shall 
be  the  inspectors  of  these  elections ;  and  the  provisions  of  law  applicable  to 
election  districts,  and  to  inspectors  of  elections  therein,  except  as  to  previous 
registry  of  voters,  shall  apply  to  said  districts  and  to  said  inspectors.  (As 
amended  by  L.  18/Q,  ch.  ji8:  L.  19 11,  ch.  422.) 

§  6  Every  person  of  the  age  of  21  years  and  upward,  residing  within  the 
district  where  his  or  her  vote  is  offered,  and  entitled  to  hold  lands  within  the 
State,  who  owns  in  his  or  her  own  right,  or  whose  husband  or  wife  owns  real 
property  subject  to  taxation  for  school  purposes  in  said  city,  and  every  resident 
of  such  district  authorized  to  vote  at  charter  elections  in  said  city  or  who  would 
be  authorized  to  vote  at  such  charter  elections,  if  not  disqualified  by  sex,  who 
owns  personal  property  taxed  for  school  purposes  in  said  city  exceeding  fifty 
dollars  in  value,  or  who  has  permanently  residing  with  him  or  her  a  child  or 
children  of  school  age  some  one  or  more  of  whom  shall  have  attended  the  public 
schools  of  said  city  for  a  period  of  at  least  fourteen  weeks  during  the  year  pre- 
ceding, and  no  other  shall  be  allowed  to  vote  at  such  elections.  All  penalties 
provided  by  law  for  illegal  voting  at  any  charter  election  for  the  election  of  the 
city  officers  for  said  city,  shall  apply  to  such  election ;  and  any  person  offering 
to  vote  may  be  challenged,  as  at  a  charter  election  aforesaid ;  and  the  same  pro- 
ceedings had  thereon  as  are  or  shall  be  prescribed  by  law  in  relation  to  general 
elections,  so  far  as  the  same  shall  be  applicable  to  this  election.  {As  amended 
by  L.  1888,  ch.  381.) 

§  7  The  city  clerk  shall  give  notice,  in  writing,  of  every  election  to  be  held 
under  this  act,  to  the  inspectors  of  election  in  the  several  wards  wherein  the 
said  election  shall  have  been  designated  by  the  common  council  to  be  held,  as 
aforesaid ;  and  said  inspectors  shall  provide  a  ballot  box,  to  be  marked  or  labeled 
"  schools,"  for  the  reception  of  ballots,  and  two  blank  books,  in  which  they  shall 
record  the  name  and  residence  of  every  person  who  shall  vote  at  said  election, 
and  the  name  and  residence  of  every  person  who  shall  offer  to  vote  and  whose 
vote  shall  be  rejected,  properly  designated  as  rejected,  with  reason  therefor. 

§  8  The  polls  of  the  election  in  the  several  election  districts  at  the  said 
school  election,  shall  be  opened  at  six  o'clock  on  the  morning  of  the  day  of 
election,  and  shall  be  kept  open,  without  intermission  or  adjournment,  until  five 
o'clock  in  the  afternoon,  when  they  shall  be  finally  closed;  and  the  inspectors 
shall,  without  adjourning,  canvass  the  votes  received  by  them,  and  certify,  in 
writing,  to  the  same,  and  deliver  one  copy  of  said  certificate  to  the  city  clerk, 
and  another  copy  to  the  secretary  of  the  board  of  education,  within  twenty-four 
hours  after  closing  the  polls;  and  said  inspectors  shall  cause  one  copy  of  the  list 
of  persons  so  voting  or  offering  to  vote  at  said  election,  duly  certified  to,  to  be 
delivered  to  the  secretary  of  the  board  of  education,  and  the  other  copy,  also  duly 
certified  to,  to  the  city  clerk  of  said  city.     {As  amended  by  L.  ipii,  ch.  422.) 

§  9  At  the  election  to  be  held  on  the  third  Tuesday  of  May,  1876,  there  shall 
be  elected  nine  commissioners,  to  be  voted  for  under  the  title  of  "  commissioners 


EDUCATION    CODE  2$ 

of  public  schools,"  in  the  same  manner  as  other  city  officers  are  elected,  except 
that  onlv  six  names  shall  be  voted  on  any  one  ticket,  and  any  ticket  having  thereon 
more  than  six  names  shall  not  be  counted ;  and  no  person  entitled  to  vote  at  such 
election  shall  vote  for  more  than  six  of  said  commissioners,  and  the  nine  persons 
receiving  the  highest  number  of  votes  at  such  election  shall  be  declared  elected 
commissioners  as  aforesaid. 

§  lo  The  common  council  of  said  city  shall  meet  at  the  common  council  room 
at  ten  o'clock  in  the  forenoon,  on  Tuesday  next  after  the  election,  and  the  state- 
ments of  the  inspectors  of  the  several  election  districts  shall  be  produced  by  the 
city  clerk,  and  the  common  council  shall  forthwith  determine  and  declare  who 
are.  by  the  greatest  number  of  votes,  elected  as  said  commissioners,  as  appears 
by  said  returns.  And  they  shall  thereupon  proceed  to  classify  by  lot,  the  com- 
missioners so  elected,  in  manner  following:  The  names  of  the  six  commissioners 
who  were  elected  by  the  highest  number  of  votes  shall  be  placed  in  a  box  by 
themselves,  and  the  names  of  the  other  three  commissioners  elected  shall,  in  like 
manner,  be  placed  in  another  and  separate  box  by  themselves.  The  names  of 
two  commissioners  shall  then  be  drawn  from  the  box  containing  the  six  names, 
and  one  name  shall  be  drawn  from  the  box  containing  the  three  names,  and  the 
persons  whose  names  are  so  drawn  shall  constitute  the  first  class,  and  shall  hold 
their  office  for  three  years.  In  like  manner  the  names  of  two  additional  com- 
missioners shall  be  drawn  from  the  first  named  box,  with  the  name  of  one 
additional  commissioner  from  the  second  named  box,  and  the  three  persons  whose 
names  are  so  drawn  at  the  second  drawing,  shall  constitute  the  second  class,  and 
shall  hold  their  office  for  two  years.  The  other  three  commissioners,  whose 
names  are  not  drawn,  shall  constitute  the  third  class,  and  shall  hold  their  otiice  for 
one  year.  And  the  common  council  shall  make  and  sign  a  determination  of  such 
election  and  classification  of  the  commissioners  so  as  before  elected,  which  shall 
be  entered  in  the  minutes,  and  the  original  filed  by  the  city  clerk  in  his  office, 
and  a  copy  thereof  in  the  office  of  the  secretary  of  the  board  of  education,  and 
the  city  clerk  shall  notify  every  person  so  elected  of  his  election  and  classification 
within  twenty-four  hours  after  such  determination. 

§  1 1  The  said  board  of  education,  so  constituted,  shall  hold  their  first  regular 
meeting  on  the  following  fourth  Tuesday  of  May,  1876,  at  ten  o'clock  a.  m.,  at 
the  regular  place  of  meeting  of  the  present  board  of  education,  and  elect  by 
ballot  one  of  their  number  president,  who  shall  hold  his  office  for  one  year,  and 
until  his  successor  shall  be  designated ;  and  said  board  shall  annually  thereafter 
meet  at  their  regular  place  of  meeting  on  the  fourth  Tuesday  of  May,  and 
designate  by  ballot  one  of  their  number  to  be  president  of  said  board  for  the 
ensuing  year.  In  case  of  vacancy  in  the  office  of  president  by  death,  resignation 
or  otherwise,  the  board  shall  elect  a  president  for  the  unexpired  term. 

§  12  There  shall  be  held  a  special  election  annually,  on  the  third  Tuesday  of 
May,  after  the  year  1876,  at  which  there  shall  be  elected  three  commissioners  of 
public  schools  aforesaid,  to  take  the  places  of  those  commissioners  whose  terms 
of  office  are  about  to  expire,  and  whose  terms  of  office  shall  commence  on  the 
Tuesday  succeeding  such  election,  and  continue  for  three  years.    The  regulations 


26  THE    UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

prescribed  for  the  first  election  under  this  act,  and  for  the  determination  by  the 
common  council  of  who  have  by  the  greatest  number  of  votes,  been  elected,  shall 
so  far  as  applicable,  apply  to  each  annual  election.  (As  amended  by  L.  iSjg, 
ch.318.) 

S  13  In  case  of  a  tie  vote  at  any  election  herein  provided  for,  the  mayor  and 
common  council  of  said  city,  at  the  first  meeting  after  such  election,  shall  de- 
termine, by  ballot,  who,  among  those  receiving  the  highest  number  of  votes,  shall 
be  declared  elected,  and  the  person  or  persons  so  designated  shall  be  commissioner 
or  commissioners,  the  same  as  if  duly  elected  by  a  majority  vote. 

§  14  In  case  of  a  vacancy  in  said  board  of  education,  occasioned  by  the 
death  or  resignation  of  any  of  its  members,  or  otherwise,  the  said  board  of 
education  shall  fill  the  same  for  the  unexpired  term  by  appointment  by  ballot, 
and  the  vote  of  two-thirds  of  all  the  members  of  said  board  shall  be  necessary 
to  a  choice. 

sj  15  The  inspectors  of  election  provided  for  in  this  act  shall  be  entitled  to 
the  like  compensation  as  the  inspectors  of  election  for  said  city  are  allowed  for 
similar  services,  to  be  paid  out  of  the  school  fund  of  said  city,  on  the  order  of 
the  board  of  education  of  said  city. 

§  16  The  commissioners  elected  or  appointed  under  this  act  shall,  within  ten 
days  after  being  notified  of  their  election,  and  before  entering  upon  the  duties 
of  their  office,  take  and  subscribe  the  official  oath  prescribed  by  law  for  other 
city  officers,  and  file  the  same  in  the  city  clerk's  office,  and  any  neglect  so  to  do 
shall  be  deemed  a  refusal  to  serve,  and  the  office  shall  thereupon  become  vacant. 

§  17  A  majority  of  said  board  of  education  shall  constitute  a  quorum,  but  a 
less  number  may  adjourn. 

§  18  Regular  meetings  of  said  board  of  education,  for  the  transaction  of 
business,  shall  be  held  on  the  first  Tuesday  in  each  month,  and  said  board  shall 
make  such  rules  and  regulations  for  its  own  government,  as  it  shall  from  time 
to  time  find  necessary.  Special  meetings  of  said  board  may  be  held  on  the  order 
of  the  president,  or  upon  the  request  of  any  two  members  of  said  board,  after 
due  notice  to  all  the  members,  by  the  secretary,  of  the  time,  place  and  purpose 
of  such  special  meetings,  and  no  business  shall  be  transacted  thereat  except  such 
as  shall  be  specified  in  the  notice  thereof.  At  any  meeting  held  without  due 
notice,  at  which  every  member  of  said  board  shall  be  present  and  consent,  any 
business  may  be  transacted  which  might  have  been  transacted  if  the  meeting  had 
been  a  duly  called  special  meeting.  In  the  absence  of  the  president  the  board 
may  appoint  some  other  member  to  preside  and  perform  the  duties  of  president. 
{As  amended  by  L.  191 1,  ch.  422.) 

§  19  The  said  board  of  education  shall  have  power,  and  it  shall  be  its  duty 
to  continue,  organize,  establish  and  maintain  such  and  so  many  public  schools  in 
said  city,  as  said  board  may  deem  necessary  for  the  proper  education  of  all 
persons  entitled  to  the  benefits  thereof,  to  purchase,  lease,  or  improve  sites  and 
additions  thereto  for  schoolhouses ;  to  purchase,  build,  lease,  enlarge,  alter,  im- 
prove or  repair  schoolhouses  and  their  outhouses  and  appurtenances;  and  if  it  is 
unable  to  agree  with  the  owner  or  owners  for  the  purchase  of  any  real  estate 


EDUCATION    CODE  2/ 

reciuired  by  it  for  the  site  of  any  schoolhouse  or  additional  land  adjoining  to  and 
for  the  enlargement  of  an  established  site,  to  acquire  title  to  such  property  by 
condemnation,  as  provided  in  title  i  of  chapter  23  of  the  Code  of  Civil  Procedure ; 
to  sell  and  convey  any  real  or  personal  property  belonging  to  the  school  fund, 
in  the  manner  hereinafter  provided ;  to  purchase,  exchange,  improve  and  repair 
any  school  apparatus,  books,  furniture  or  appendages  and  to  defray  the  expenses 
of  the  school  library  or  libraries  and  to  furnish  class  or  textbooks  for  the  free 
use  of  the  schools ;  to  have  the  care,  custody  and  safekeeping  of  all  the  school 
property,  both  real  and  personal,  and  to  prescribe  penalties  for  any  damage 
thereto,  or  misuse  thereof :  to  contract  with  and  employ  all  necessary  teachers 
for  such  public  schools  subject  to  the  removal  of  any  such  teacher  whenever 
said  board  may  deem  it  for  the  best  interests  of  the  schools ;  to  establish  evening 
schools  for  the  benefit  of  those  whose  ages  or  vocations  are  such  as  to  preclude 
their  attendance  upon  the  day  schools  in  this  act  provided  for ;  to  pay  the  wages 
of  teachers  employed  by  said  board  out  of  the  fund  appropriated  by  law,  for 
such  purpose ;  to  audit  and  pay  all  necessary  contingent  expenses  of  the  board, 
including  the  salary  of  the  secretary  and  superintendent,  the  wages  of  janitors, 
the  cost  of  fuel  and  any  and  all  necessary  expenditures  incurred  in  the  conduct 
of  said  schools,  and  the  payment  of  the  same  or  such  parts  thereof  as  shall  be 
allowed  by  the  said  board,  shall  be  made  directly  to  such  claimants,  out  of  moneys 
belonging  to  the  public  school  fund,  upon  the  order  of  said  board,  as  hereinafter 
provided,  but  the  aggregate  of  the  expenditures  and  contracts  shall  not  exceed 
the  amount  of  moneys  which  shall  be  subject  to  their  order  during  the  then 
current  year ;  to  have  the  general  superintendence  and  management  of  the  public 
schools  of  said  city,  and  from  time  to  time  adopt,  alter,  modify,  or  repeal,  as  they 
may  deem  expedient,  any  rules  or  regulations  for  the  organization,  government 
and  instruction  of  said  schools,  for  the  reception  of  pupils,  their  transfer  from 
one  department  to  another,  for  their  advancement  from  class  to  class,  as  their 
degrees  of  scholarship  shall  warrant,  and  generally  for  the  promotion  of  the 
good  order,  prosperity  and  public  utility  of  said  schools ;  and  to  that  end  said 
board  is  hereby  vested  with  the  control  and  authority  over  all  pupils  attending 
the  schools  under  its  charge,  both  while  in  attendance,  and  in  going  to  and  re- 
turning from  schools.     (As  amended  by  L.  i8pj,  ch.  117;  L.  1906,  ch.  68.) 

§  20  The  academic  high  school  shall  be  considered  as  one  of  the  public  schools 
of  said  city,  and  shall  be  continued  as  provided  in  section  3  of  chapter  176  of 
the  Laws  of  1866,  and  said  high  school  shall  be  entitled  to  all  the  privileges  of 
the  academies  of  the  State,  and  be  subject  to  visitations  from  the  Regents  of  the 
University,  and  share  in  the  distribution  of  the  moneys  of  the  literature  and  other 
funds  of  the  State,  and  be  subject  to  all  the  rules  and  regulations  applicable  to 
the  incorporated  academies  of  the  State. 

§  21  In  no  case  shall  tuition  be  charged  for  any  pupil  whose  parents  or  legal 
guardians  are  residents  of  said  city,  but  upon  the  payment  of  such  tuition  as  the 
board  of  education  may  from  time  to  time  prescribe,  the  said  board  may  admit 
to  any  of  the  public  schools  under  its  charge  any  pupil  or  pupils  whose  parents  or 
legal  guardians  are  not  residents  of  said  city.     Any  school  tax  paid  to  the  city 


28  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

treasurer  of  said  city,  by  the  parent  or  legal  guardian  of  any  such  nonresident 
pupil,  may  be  applied  toward  the  payment  of  said  tuition  for  the  current  school 
year  in  which  said  tax  is  levied  and  paid,  and  not  otherwise.  (As  amended  by 
L.  1879,  ch.  318.) 

§  22  It  shall  be  the  duty  of  said  board  of  education  to  elect  a  secretary,  who 
shall  hold  office  during  the  pleasure  of  the  board.  They  shall  fix  his  salary,  and 
he  shall  be  superintendent  of  all  the  schools  under  the  care  of  the  board.  As 
superintendent  he  shall,  under  the  direction  of  the  board,  determine  the  course 
of  studies  to  be  pursued  in  the  different  schools;  he  shall  hold  teachers  institutes 
as  the  board  may  direct ;  he  shall  visit  each  school  personally  as  often  as  his  other 
duties  will  permit ;  he  shall  recommend  to  the  board  such  regulations  as  he  may 
deem  best  for  the  management  and  control  of  the  schools,  and  perform  such 
other  duties  as  the  board  may,  from  time  to  time,  impose.  As  secretary  he  shall 
keep  a  record  of  the  proceedings  of  each  meeting  of  said  board,  which  shall  at 
all  times  be  open  to  public  inspection,  shall  countersign  all  checks,  drafts  or 
warrants  drawn  by  the  board,  and  perform  all  other  duties  which  the  board  may 
from  time  to  time  enjoin.  He  shall  annually  present  to  the  board  at  their  regular 
meeting  in  August,  a  report  which  shall  contain  a  statement  of  the  condition  of 
the  schools  for  the  year  preceding,  the  number  of  scholars  who  have  been  in 
attendance  during  such  year,  the  receipts  and  expenditures  of  the  board  on 
account  of  the  public  schools,  and  such  other  information  as  said  board  may 
require  and  direct. 

§  22,  Th?  teachers  in  the  public  schools  of  said  city  shall  be  employed  by 
said  board  of  education,  subject  to  such  regulations  and  restrictions  as  said 
board  may,  from  time  to  time,  prescribe.  Any  teacher  may  be  removed  for 
cause,  to  be  specified  in  the  minutes  of  the  proceedings  of  said  board ;  and  in 
case  of  such  removal,  the  contract  with  such  teacher  shall  cease.  {As  amended 
by  L.  1879,  ^f^-  3^^-) 

§  24  The  board  of  education  is  hereby  authorized  to  organize  a  teachers 
class  in  the  high  school  of  said  city,  which  shall  be  entitled  to  an  annual  allowance 
from  the  literature  fund  of  the  State  of  New  York,  on  the  conditions  and  rules 
of  Regents  of  the  University,  adopted  for  the  distribution  of  said  fund  in 
academies  in  which  such  classes  are  instructed. 

§  25  The  said  board  of  education  is  hereby  authorized  to  employ  a  teacher 
or  teachers  in  the  asylum  for  destitute  children  in  said  city,  and  pay  therefor  out 
of  the  public  school  fund  in  like  manner  as  other  teachers  are  paid,  and  said 
board  is  hereby  authorized  to  supply  said  asylum  with  fuel  for  school  purposes, 
in  like  manner  as  other  schools  are  suj)plied ;  and  said  board  shall  have  the  same 
care,  oversight  and  direction  of  .said  school  as  of  the  other  public  schools  in 
said  city ;  but  nothing  in  this  act  shall  be  construed  to  give  the  board  of  education 
any  control  over  the  management  of  said  a.sylum  except  as  herein  provided.  The 
board  of  managers  of  said  asylum,  with  the  concurrence  of  said  board  of  educa- 
tion, may  at  any  time  discontinue  such  school,  in  which  case  the  pupils  therein 
shall  be  entitled  to  all  the  privileges  of  any  other  of  the  public  schools  of  said  city. 

§  26      The  said  board  of  education  may  impose  a  penalty,  not  exceeding  one 


EDUCATION    CODE  29 

hundred  dollars  in  any  one  case,  for  any  misuse  of,  or  damage  to,  any  real  or 
personal  property  under  its  charge,  and  such  penalty,  together  with  costs,  shall 
be  collected  in  the  name  of  said  board,  in  the  same  manner  that  penalties  for  the 
violation  of  the  ordinances  of  the  common  council  of  said  city  are  collected,  and 
when  so  collected  shall  be  paid  to  the  treasurer  and  tax  receiver  of  said  city,  to 
be  placed  by  him  to  the  credit  of  the  general  school  fund ;  and  the  parent  or 
guardian  of  any  minor,  and  the  master  or  mistress  of  any  apprentice  or  servant, 
shall  be  liable  for  any  such  penalty  and  costs  for  a  violation  by  any  such  minor, 
apprentice  or  servant,  of  any  ordinance  adopted  by  the  board  of  education.  It 
shall  be  sufficient  notice  of  any  ordinance  imposing  such  penalty  to  cause  the 
same  to  be  published  in  any  daily  newspaper  of  said  city  for  one  week. 

§  27  The  said  board  of  education  may  sell  and  dispose  of  any  personal  prop- 
erty, at  any  time  belonging  to  the  school  fund  of  said  city,  by  a  vote  of  a  majority 
of  the  members  of  said  board,  at  any  regular  meeting,  after  one  month's  notice 
thereof ;  and  may  also  sell,  convey  and  dispose  of  any  real  estate  at  any  time, 
belonging  to  said  school  fund  by  a  vote  of  two-thirds  of  the  members  of.  said 
board,  at  any  two  regular  consecutive  monthly  meetings  of  said  board,  and  the 
avails  of  the  sales  of  any  such  real  or  personal  property  shall  be  deposited  with 
the  treasurer  and  tax  receiver  of  said  city  to  the  credit  of  the  general  school  fund. 

§  28  It  shall  be  the  duty  of  said  board  of  education,  annually,  on  or  before 
the  15th  day  of  May,  to  fix,  determine,  certify,  and  report  to  the  common  council 
and  to  the  board  of  estimate  and  control  of  said  city,  the  amount  of  money  which, 
in  addition  to  the  amount  of  money  annually  apportioned  to  the  public  schools  of 
said  city  out  of  the  funds  belonging  to  the  State,  shall  be  necessary  to  defray  the 
expenses  of  all  the  public  schools  under  the  charge  of  said  board  for  the  ensuing 
year,  for  building,  fuel,  furniture,  school  apparatus,  repairs,  insurance,  teachers 
wages,  and  contingent  expenses  of  the  schools,  and  to  pay  the  compensation  of 
the  secretary  and  superintendent  aforesaid  and  the  contingent  expenses  of  said 
board.  A  statement  of  the  amount  so  fixed,  determined  and  certified  shall  be 
filed  in  the  office  of  the  city  clerk  by  said  board.  The  amount  so  certified,  ex- 
clusive of  the  amount  required  for  building  purposes,  shall  in  no  case  exceed  a 
sum  equal  to  forty  dollars  per  capita,  based  on  the  average  yearly  member- 
ship of  persons  in  attendance  as  day  pupils  in  the  public  schools  for  any  one 
of  the  five  school  years  next  preceding.  And  the  amount  to  be  raised  for  building 
purposes  shall  in  no  case  exceed  eight  thousand  dollars  in  any  one  year,  unless 
by  the  unanimous  consent  of  every  member  of  said  board.  To  the  statement 
filed  as  hereinbefore  provided  there  shall  be  appended  a  certificate  setting  forth 
the  average  membership  of  day  pupils  in  each  of  said  public  schools  for  each 
month  of  the  school  year  upon  which  the  aforesaid  average  yearly  membership  is 
based.  (As  amended  by  L.  iSji;,  cli.  318:  L.  1909,  cli.  391:  L.  ion,  ch.  422; 
L.  19 1 4,  ch.  286.) 

§  29  The  common  council  of  said  city  shall  annually  levy  and  raise  the 
amount  of  money  so  certified  and  reported  by  the  board  of  education,  and  the 
amount  so  to  be  raised  shall  be  levied  and  collected  at  the  same  time  and  in  the 
same  manner  as  the  other  general  taxes  of  the  said  city  are  levied  and  raised, 


30  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

and  in  addition  thereto ;  but  all  moneys  raised  for  school  purposes  under  this 
act  shall  be  rated  separately  and  as  collected  shall  be  kept  separate  and  distinct 
from  the  other  taxes  levied  and  collected  for  city  purposes. 

§  30  All  moneys  levied  and  raised  for  the  support  of  public  schools,  together 
with  the  public  money  received  from  the  State,  and  all  moneys  received  from 
other  sources  for  school  purposes,  shall  be  paid  to  the  treasurer  and  tax  receiver 
of  the  city  of  Auburn,  in  trust,  and  shall  by  him  be  kept  separate  and  distinct 
from  other  moneys,  and  shall  at  least  as  often  as  once  in  each  week,  be  by  him 
deposited  to  the  credit  of  the  board  of  education  in  some  bank  of  deposit  or 
trust,  to  be  designated  as  hereinafter  directed,  said  deposits  to  be  known  and 
distinguished  as  the  public  school  fund  of  the  city  of  Auburn.  Said  fund  so 
deposited  as  aforesaid  shall  be  drawn  out  only  upon  order  of  the  board  of  educa- 
tion, by  resolution  adopted  by  a  two-thirds  vote  of  said  board  and  signed  by  the 
president,  and  countersigned  by  the  secretary  of  said  board  of  education.  Such 
order  shall  specify  for  what  purpose  the  amount  named  therein  shall  be  paid, 
and  the  secretary  of  such  board  shall  keep  an  accurate  account  of  all  orders 
drawn  on  said  fund,  in  a  book  to  be  kept  by  him  for  that  purpose,  and  shall 
report  at  each  monthly  meeting  to  the  board  the  amount  of  such  orders  drawn 
from  the  commencement  of  the  fiscal  year  to  the  date  of  such  report.  The  treas- 
urer and  tax  receiver  shall  also  report  to  the  said  board,  on  the  first  day  of  each 
and  every  month,  the  condition  of  the  school  fund  in  his  hands,  if  any,  also  the 
amount  of  said  fund  which  has  come  into  his  hands  during  the  preceding  month, 
and  when  and  where  deposited.  And  the  bank  or  trust  company  holding  said 
deposit  shall  be  required  to  report  to  said  board  of  education,  on  the  first  day 
of  each  and  every  month,  the  transactions  of  said  board  with  said  bank  or  trust 
company  during  the  preceding  month,  stating  the  amount  on  hand  at  the  com- 
mencement of  the  month;  the  several  amounts  deposited  during  the  month,  the 
amount  of  interest  allowed  on  monthly  balances  on  hand  as  shall  be  agreed 
upon,  and  the  amounts  drawn,  and  on  whose  order,  and  the  balance  in  bank  to 
the  credit  of  the  board  at  the  close  of  the  month.  In  case  said  treasurer  and 
tax  receiver  shall  retain  in  his  hands,  contrary  to  the  true  intent  and  meaning 
of  this  act,  or  shall  transfer  or  divert  any  part  of  the  school  moneys  coming  into 
his  hands,  to  any  other  purpose  than  is  herein  specified,  it  shall  be  the  duty  of 
said  board  immediately  to  commence  suit  in  the  Supreme  Court  against  such 
treasurer  and  tax  receiver  and  his  sureties,  for  the  recovery  of  the  sum  so  un- 
lawfully retained,  transferred  or  diverted,  and  double  taxable  costs  shall  be 
allowed  against  such  treasurer  and  tax  receiver  and  his  sureties,  upon  recovery 
of  any  sum  against  them,  and  such  treasurer  and  tax  receiver  and  his  sureties 
are  hereby  declared  to  be  liable  on  their  official  bonds  for  any  default,  delinquency, 
neglect  or  misconduct  in  relation  to  the  trust  created  by  this  act.  And  the 
treasurer  and  tax  receiver  shall  for  each  and  every  wilful  violation  of  either  of 
the  ])rovisions  of  this  section,  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  shall  be  liable  to  a  fine  not  exceeding  five  hundred  dollars, 
or  to  imprisonment  in  the  county  jail  for  a  j)criod  not  exceeding  six  months,  or 
to  l)0th  such  fine  and  imprisonment,  in  the  discretion  of  llie  court  l)cfore  which 


EDUCATION    CODE  3^ 

such  conviction  shall  be  had.  The  board  of  education  of  said  city  of  Auburn 
are  hereby  authorized  at  their  first  regular  meeting  in  September,  in  each  and 
every  year,  to  designate  the  bank  of  deposit  or  trust  wherein  said  school  funds 
shall  be  deposited  for  the  ensuing  year.  The  board  of  education  shall  require 
from  any  depository  designated  for  the  deposit  of  such  school  moneys,  a  bond  in 
such  amount  and  with  such  sureties  as  shall  be  approved  by  the  mayor  of  said  city 
of  Auburn,  and  by  the  president  of  said  board  of  education  for  the  safekeeping 
of  such  school  moneys,  and  the  payment  of  the  same  as  required  upon  the  orders 
of  the  board,  and  which  said  bond  shall  be  renewed  whenever  required  by  said 
board  of  education.  Such  bond  shall  be  made  payable  to  said  board  of  education, 
and  filed  in  the  office  of  the  clerk  of  Cayuga  county,  and  suit  shall  be  brought 
thereon,  by  said  board  of  education,  for  any  deficiency  in  complying  with  any  of 
the  conditions  thereof,  whenever  required  by  a  vote  of  a  majority  of  said  board. 

§  31  The  said  board  of  education  shall,  annually,  on  the  ist  day  of  August, 
or  as  soon  thereafter  as  practicable,  cause  a  report  to  be  prepared  and  published 
for  general  distribution  among  the  patrons  of  the  public  schools  of  said  city, 
which  shall  give  in  detail  all  practical  information  concerning  the  management, 
expenses  and  progress  of  the  public  schools  aforesaid. 

§  2i-  -*^"  appeal  may  be  taken  to  the  State  Superintendent  of  Public  Instruc- 
tion from  any  proceeding  of  the  said  board  of  education. 

§  33     All  acts  or  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 

§  34     This  act  shall  take  effect  immediately. 


BATAVIA 

Chapter  354,  Laws  of  1914 

An  act  to  incorporate  the  city  of  Batavia 

TITLE  XIV 

CITY  SCHOOLS 

Section  200  City  schools.  The  territory  included  within  the  boundaries  of 
the  city  of  Batavia  shall  remain  as  a  part  of  Batavia  union  school  district  number 
2,  subject  to  alterations  in  accordance  vi^ith  the  provisions  of  the  school  lavi^. 
Such  school  district  shall  be  entitled  to  and  continue  to  have  all  the  rights,  powers, 
privileges,  public  moneys  and  other  benefits  conferred  by  law  or  otherwise  upon 
schools  and  school  districts,  and  shall  be  subject  to  all  the  rules,  regulations, 
powers  of  inspection  and  superintendence  applicable  to  schools  and  school 
districts. 

§  201  Separate  returns  of  unpaid  school  taxes  on  real  estate  shall  be  made 
in  the  school  district  in  which  the  city  of  Batavia  is  included,  one  for  such 
unpaid  taxes  on  real  estate  within  the  city,  and  the  other  for  such  unpaid  taxes 
on  real  estate  without  the  city.  Such  account  of  unpaid  taxes  upon  real  estate 
without  the  city  shall  be  transmitted  to  the  treasurer  of  the  county  as  provided 
in  the  Education  Law.  Upon  receiving  such  account  of  unpaid  taxes  for  school 
purposes  on  real  estate  within  the  city  from  the  collector,  the  trustees  of  the 
school  district  shall  compare  it  with  the  original  tax  list,  and  if  they  find  it 
to  be  a  true  transcript  they  shall  add  to  such  account  their  certificate  to  the  efifect 
that  they  have  compared  it  with  the  original  tax  list  and  found  it  to  be  correct, 
and  shall  immediately  transmit  the  account,  affidavit  and  certificate  to  the 
treasurer  of  the  city.  Out  of  any  moneys  in  the  city  treasury,  raised  for  con- 
tingent expenses,  or  for  the  purpose  of  paying  the  amount  of  the  taxes  so 
returned  unpaid,  the  city  treasurer  shall  pay  to  the  district  treasurer  the  amount 
of  the  taxes  so  returned  as  unpaid,  and  if  there  are  no  moneys  in  the  treasury 
applicable  to  such  purpose,  the  city  council,  at  the  time  of  levying  such  unpaid 
taxes,  as  hereinafter  provided,  shall  pay  to  the  district  treasurer  the  amount 
thereof,  by  voucher  or  draft  on  the  city  treasurer,  in  the  same  manner  as  other 
city  charges  are  paid.  Such  account,  affidavit  and  certificate  shall  be  laid  by  the 
city  treasurer  before  the  city  council,  who  shall  cause  the  amount  of  such  unpaid 
taxes,  with  seven  per  centum  of  the  amount  in  addition  thereto,  to  be  levied  upon 
the  lands  upon  which  the  same  were  imposed;  and  if  imposed  upon  the  lands 
of  any  incorporated  company,  then  upon  such  company ;  and  when  collected  the 
same  shall  be  returned  to  the  city  treasurer  to  reimburse  the  amount  so  advanced, 
with  the  expenses  of  collection.  Any  person  whose  lands  are  included  in  any 
such  account  may  pay  the  tax  assessed  thereon,  with  five  per  centum  added 
thereto,  to  the  city  treasurer,  at  any  time  before  the  city  council  shall  have 
directed  the  same  to  be  levied.  The  same  proceedings  in  all  respects  shall  be 
had  for  the  collection  of  the  amount  so  directed  to  be  raised  by  the  city  council 
as  are  provided  by  law  in  respect  to  the  city  taxes.  (As  added  by  L.  1913,  ch. 
536.)  [32] 


BEACON 

Chapter  539,  Laws  of  1913 
An  act  to  incorporate  the  city  of  Beacon 

Section  102  Schools  and  the  boards  of  education,  i  All  the  territory  in- 
cluded within  the  said  city  of  Beacon  shall  hereafter  be  one  school  district  and 
so  much  of  the  school  districts  at  present  included  within  the  present  villages 
of  Matteawan  and  Fishkill  Landing  shall  cease  to  exist  from  the  ist  day  of 
September,  1913,  except  that  the  portions  of  said  districts  which  shall  remain 
outside  of  said  city  boundaries  shall  continue  as  districts  until  they  shall  have 
changed  in  accordance  with  the  Education  Law.  Upon  the  taking  effect  of  this 
act,  the  district  superintendent  of  schools  having  jurisdiction  shall  apportion  the 
outstanding  bonded  indebtedness  of  the  school  districts  included  within  the 
present  villages  of  Matteawan  and  Fishkill  Landing  between  that  portion  of  such 
districts  which  is  included  under  this  act  within  the  city  of  Beacon  and  the 
portion  remaining  outside  of  such  city  according  to  the  assessed  valuation  of 
such  portions  of  such  districts  and  the  amounts  of  said  indebtedness  so  appor- 
tioned shall  become  a  charge  for  principal  and  interest  upon  the  said  city  and 
upon  the  districts  formed  by  this  act. 

2  The  school  district  of  the  city  of  Beacon  shall  be  controlled  by  a  board  of 
education  consisting  of  nine  members  appointed  by  the  city  council.  At  a  regular 
meeting  of  the  council  to  be  held  during  June  1913,  the  council  shall  choose  nine 
members  to  hold  office  from  and  after  September  i,  1913,  three  for  three  years, 
three  for  two  years  and  three  for  one  year,  all  from  September  i,  1913 ;  and  there- 
after at  such  meeting  in  every  June  the  council  shall  choose  three  members  of 
the  school  board  to  hold  office  for  three  years.  Any  person  of  good  moral 
character  and  legal  age  and  not  otherwise  an  official  or  employee  of  the  city, 
who  is  a  resident  of  the  city,  may  be  eligible  to  appointment  as  such  member 
of  the  school  board. 

3  The  school  board  shall  have  exclusive  charge  and  control  of  all  school  matters 
and  school  property  of  the  city.  It  shall  prepare  an  annual  report  and  a  budget 
for  the  ensuing  year  for  the  annual  meeting  of  the  council.  The  commissioner 
of  finance  shall  have  the  custody  of  all  school  funds,  but  shall  pay  out  the  same 
on  the  written  order  of  the  school  board  properly  countersigned  by  its  president 
and  clerk. 

4  The  board  of  education  and  its  successors  shall  possess  all  the  powers  con- 
ferred and  discharge  all  the  duties  imposed  by  this  act  or  by  any  general  law 
of  this  State  relating  to  school  districts  in  cities ;  or  relating  to  the  board  of 
education  of  such  districts.  It  shall  have  power  to  appoint  a  clerk  and  fix 
his  salary, 

2  [33] 


THE   UNIVERSITY   OK   THE   STATE   OF   NEW    YORK 

=  The  commissioner  of  finance  is  hereby  designated  as  the  person  to  receive 
all  nubhc  money  which  the  said  city,  or  the  schools  there.n,  are  or  shall  be  entitled 
to    e    ive    ron   the  State,  or  by  tax  or  by  loan  from  the  cty.  or  otherw.se. 

6  Money  for  all  school  purposes,  including  erecfon  of  new  bu,  dtngs.  repa.rs. 
additions  to  present  structures  and  the  purchase  of  land  tor  school  purposes. 
Shan  b    raised  by  the  cty  council  in  accordance  with  the  general  provts.on.  of 


the  charter. 


BINGHAMTON 

Chapter  751,   Laws   of   1907 
An  act  to  revise  the  charter  of  the  city  of  Binghamton 

TITLE  XVI 

DEPARTMENT  OF  EDUCATION 
Section  384  Existing    board    of    education    continued;    appointment    of    commissioners    of 
education;  filling  of  vacancies;  oath  of  office 

385  Removals  from  office 

386  Meetings ;  president  and  secretary ;  quorum  ;  president  pro  tempore 

387  Duties  of   secretary;  proceedings  to  be  published 

388  Money  to  be  raised  for  certain  purposes 

389  Fiscal  year ;  annual  estimate ;  amount  that  may  be  raised 

390  Expenditures,  limited ;  liability  for  exceeding  limit 

391  City  treasurer  to  receive  State  moneys 

392  Moneys,  how  paid  out  by  treasurer 

393  Treasurer  to  report  when  required 

394  Powers  of  board  of  education 

395  Admission  to  public  schools 

396  High   school   and  academy 

397  Appointment  and  removal  of  superintendent  of  schools 

398  Superintendent  of  buildings ;  truant  officer 

399  Annual  report  to  Superintendent  of  Public  Instruction 

400  Repairs ;  sale,  purchase  or  lease  of  school  property 

401  Title  of  school  property;  taking  property  in  trust  for  schools 

402  Moneys  received  from  sale  of  school  property ;  how  disposed  of 

403  Power  of  common  council  to  pass  ordinances  for  school  purposes 

404  Board  to  certify  necessity  for  bonding 

405  Visitation 

Section  384  Existing  board  of  education  continued;  appointment  of  com- 
missioners of  education;  filling  of  vacancies;  oath  of  office.  The  existing 
board  of  education  of  the  city  of  Binghamton  with  its  successors  shall  continue 
to  be  a  body  corporate  in  relation  to  the  powers  and  duties  conferred  by  this 
act  and  otherwise  by  general  laws  of  the  State  and  the  commissioners  thereof 
now  in  office  shall  continue  in  office  until  the  expiration  of  their  respective  terms, 
and  they  and  their  successors  shall  serve  without  compensation.  The  vacancies 
occurring  in  said  board  by  the  expiration  of  the  terms  of  the  commissioners 
whose  terms  expire  on  the  ist  day  of  February,  1908,  and  the  ist  day  of 
February,  1909,  shall  not  be  filled,  and  after  February  i,  1909,  said  board  shall 
consist  of  but  five  members.  On  the  ist  day  of  January,  1910,  and  on  each 
ist  day  of  January  thereafter  the  mayor  shall  appoint  one  commissioner  of 
education  for  the  term  of  five  years  froiu  the  ist  day  of  February  next  after 
his  appointment,  and  whenever  a  vacancy  shall  exist,  other  than  in  the  office 
of  the  commissioners  v/hose  terms  expire  February  i,  1908,  and  February  i,  1909, 

r.isi 


36  THE    UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

the  mayor  shall  fill  such  vacancies  by  appointment  for  the  balance  of  the  term. 
Each  commissioner  within  five  days  after  his  appointment,  shall  take  and  file 
with  the  city  clerk  the  constitutional  oath  of  office. 

§  385  Removals  from  office.  Any  member  of  said  board  of  education  may 
be  removed  from  office  for  cause  by  the  mayor  of  said  city,  provided,  always, 
that  such  member  shall  be  served  with  a  copy  of  the  charges  preferred  against 
him  and  notice  of  trial,  not  less  than  twenty  days  previous  to  the  day  fixed  for 
the  hearing  of  the  matter,  by  leaving  such  copy  and  notice  at  his  residence 
in  the  city,  or  by  sending  the  same  to  his  address  by  mail ;  the  accused  member 
on  his  appearing  before  the  mayor  for  trial,  shall  have  the  usual  privileges 
in  similar  cases  extended  to  him  in  his  defense. 

§  386  Meetings;  president  and  secretary;  quorum;  president  pro  tempore. 
The  board  of  education  shall  meet  annually  on  the  first  Monday  in  February, 
at  seven  and  one-half  o'clock  in  the  afternoon,  and  at  such  other  times  as  it 
shall  by  resolution  designate.  Special  meetings  may  be  called  by  the  president 
of  the  board,  or  by  any  two  commissioners,  by  causing  a  written  or  printed 
notice  to  be  served  upon  each  member  of  the  board,  either  personally  or  by 
leaving  the  same  at  least  forty-eight  hours  before  the  time  of  such  special 
meeting,  at  his  usual  place  of  residence  or  business,  with  some  person  of  suitable 
age  and  discretion.  At  such  annual  meeting,  the  board  shall  select  a  president 
from  its  number,  who  shall  hold  his  office  until  the  next  annual  meeting  of  the 
board,  and  may  appoint  a  secretary,  who  shall  hold  his  office  during  the  pleasure 
of  the  board,  and  who  shall  receive  a  salary  to  be  fixed  by  said  board  at  the 
time  of  his  appointment,  payable  monthly.  A  majority  of  the  board  shall  con- 
stitute a  quorum,  but  a  less  number  may  adjourn.  Whenever  the  president  shall 
be  absent  or  unable  to  act,  a  president  pro  tempore  shall  be  appointed. 

§  387  Duties  of  secretary ;  proceedings  to  be  published.  The  secretary  shall 
keep  a  record  of  the  proceedings  of  the  board,  which  shall  be  published  in  the 
official  paper  from  time  to  time  as  they  occur,  the  same  as  the  proceedings  of 
the  common  council.  Said  record  or  a  transcript  thereof,  certified  by  the  presi- 
dent and  secretary,  shall  be  received  in  all  courts  and  places  as  prima  facie 
evidence  of  the  facts  therein  set  forth.  Such  record,  and  all  the  books,  accounts, 
vouchers  and  papers  of  the  said  board  shall  at  all  times  be  subject  to  public 
inspection.  The  secretary  shall  perform  the  duties  prescribed  by  law,  and  such 
other  duties  as  the  board  may  impose.  In  his  absence  a  secretary  pro  tempore 
may  be  appointed,  who  shall  exercise  all  the  power  of  the  secretary. 

§  388  Money  to  be  raised  for  certain  purposes.  The  common  council  of 
the  city  of  Binghamton  shall  have  power,  and  it  shall  be  its  duty  to  raise,  from 
time  to  time,  by  tax  to  be  levied  upon  all  the  real  and  personal  estate  in  said 
city  liable  to  taxation  for  city  or  county  charges,  such  sums  as  may  be  estimated 
and  certified  by  the  board  of  education,  and  determined  by  the  board  of  estimate 
and  apportionment  and  the  common  council  to  be  necessary  and  proper  for  any 
or  all  of  the  following  purposes : 

I    To  purchase  or  lease  sites  for  school  buildings. 


EDUCATION    CODE  37 

2  To  build,  purchase,  lease,  enlarge,  alter  or  repair  schoolhouses,  their  out- 
houses and  appurtenances,  and  to  improve  schoolhouse  grounds. 

3  To  pay  such  part  of  the  salaries  of  the  superintendent  and  teachers  as  shall 
be  due.  after  the  application  to  that  purpose  of  the  public  moneys  which  may  be 
appropriated  and  provided  therefor  by  law. 

4  To  defray  the  expenses  of  the  city  school  library,  if  any,  including  the 
purchase  and  repair  of  cases  and  furniture  therefor ;  the  purchase,  and  rebinding 
of  books,  and  the  salaries  of  librarian  and  assistants,  if  any;  and  to  purchase, 
exchange,  improve  and  repair  school  apparatus  and  cabinets  therefor ;  and  class 
or  textbooks  for  the  pupils  attending  the  public  schools  of  the  city. 

5  To  defray  the  ordinary  and  contingent  expenses  of  the  schools  and  board 
of  education,  including  the  seating,  furnishing,  heating,  lighting,  keeping  in  order, 
and  insuring  the  several  school  buildings,  and  to  pay  the  salary  of  the  secretary, 
and  all  other  expenses  not  provided  for  under  the  four  preceding  heads. 

The  sums  raised  or  received  for  said  several  purposes  shall  be  known  respec- 
tively as  the  "  site  fund,"  the  "  building  fund,"  the  "  teachers'  fund,"  the  "  library 
and  book  fund,"  and  the  "  general  fund." 

§  389  Fiscal  year ;  annual  estimate ;  amount  that  may  be  raised.  The  fiscal 
year  of  the  board  of  education  shall  commence  on  the  first  Monday  of  August 
in  each  year.  The  board  shall  on  or  before  the  first  day  in  October,  annually, 
make  and  certify  to  the  mayor  a  detailed  estimate  of  the  amount  necessary  to 
be  raised  by  tax  for  each  fund  or  class  of  purposes  aforesaid  for  the  ensuing 
fiscal  year,  a  statement  of  the  number  of  teachers  employed  or  proposed  to  be 
employed  in  each  school  during  the  ensuing  year  and  the  salary  paid  or  proposed 
to  be  paid  to  each  teacher,  and,  also,  a  statement  of  the  amount  received  from 
the  State  for  school  purposes  during  the  preceding  fiscal  year.  Upon  the  recep- 
tion of  said  estimate  the  mayor  shall  place  the  same  before  the  board  of  estimate 
and  apportionment,  which  shall  proceed  to  consider  the  same  and  approve 
increase  or  diminish  any  or  all  of  said  amounts,  in  the  same  manner  as  the 
estimates  of  other  departments;  but  nothing  herein  contained  shall  be  deemed 
to  authorize  the  board  of  estimate  and  apportionment  or  the  common  council 
to  increase  or  decrease  the  salary  of  any  individual  teacher  or  employee  of  the 
department  of  education.  The  aggregate  amount  to  be  raised  by  tax  for  school 
purposes  in  any  one  year  shall  not  be  less  than  a  sum  equal  to  twenty-five  dollars, 
nor  more  than  a  sum  equal  to  forty  dollars  per  capita  based  on  the  total  number 
of  persons  enrolled  as  pupils  in  the  public  schools  for  the  school  year  ending  on 
the  preceding  thirty-first  day  of  July,  as  certified  to  the  state  department  of  edu- 
cation.    (As  amended  by  L.  19 14,  ch.  289.) 

§  390  Expenditures,  limited;  liability  for  exceeding  limit.  The  board  of 
education  shall,  during  the  ensuing  fiscal  year,  limit  the  expenditure  so  as  not 
to  exceed  any  fund,  and  not  lessen  the  time  each  school  shall  be  kept  open. 
In  case  the  board  shall,  during  any  fiscal  year,  authorize  expenditures  from  any 
fund  in  excess  of  the  whole  amount  of  such  fund,  the  city  shall  not  be  liable 
for  such  excess,  but  the  members  of  the  board  of  education  voting  therefor,  or 
any  of  them,  shall  be  personally  liable  therefor  to  the  part}-  entitled  to  payment. 

60742       ' 


38  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

§  391  City  treasurer  to  receive  State  moneys.  The  city  treasurer  stiall 
receive  all  moneys  appropriated  by  the  State  to  said  city  for  school  purposes, 
and  shall,  at  the  proper  time  in  each  year,  draw  upon  the  treasurer  of  Broome 
county,  or  other  proper  official  therefor. 

>j  392  Moneys,  hovs;  paid  out  by  treasurer.  All  moneys  applicable  to  the 
maintenance  of  the  schools  or  library,  from  whatever  source  received,  shall  be 
paid  to  the  treasurer  of  the  city,  and  by  him  placed  to  the  credit  of  the  educational 
fund,  and  shall  be  used  or  paid  out  by  him  only  upon  bills  properly  allowed  and 
audited  in  the  same  manner  as  obtains  in  the  case  of  other  bills  against  the  city. 

v^  393  Treasurer  to  report  when  required.  The  treasurer  shall,  at  all  times 
when  called  upon,  report  to  the  board  the  amount  of  money  in  his  hands 
to  the  credit  of  the  educational  fund.  For  any  default,  delinquency  or  official 
misconduct  in  relation  to  the  keeping  or  payment  of  any  school  moneys  on  the 
part  of  the  treasurer,  the  board  may  cause  a  suit  or  suits  to  be  prosecuted  in 
the  name  of  "  The  city  of  Binghamton,"  upon  his  official  bond. 

§  394  Powers  of  board  of  education.  Subject  to  the  provisions  of  this  act 
and  the  Consolidated  School  Law,  the  board  of  education  shall  have  the  power 
and  it  shall  be  its  dtity : 

1  To  establish,  organize  and  maintain  in  said  city  such  and  so  many  free 
schools  as  said  board  shall  deem  requisite  and  expedient,  including  an  academical 
department  or  high  school,  and  change  or  discontinue  the  same  in  its  discretion. 

2  Have  the  custody  and  safekeeping  of  the  school  buildings,  lots,  outhouses, 
books,  furniture  and  appurtenances,  and  see  that  the  ordinances  of  the  common 
council  in  relation  thereto  are  enforced,  and  any  violation  thereof  punished. 

3  Contract  with,  employ  and  fix  the  salaries  of  all  teachers  in  the  schools  of 
the  city,  and  at  pleasure  remove  them,  under  such  rules  and  regulations  as  may 
be  established  by  law,  or  by  the  Department  of  Public  Instruction  of  the  State. 

4  Have  the  entire  supervision  and  management  of  the  public  schools  of  said 
city,  and  the  right  from  time  to  time  to  adopt,  amend  or  repeal  rules  and  regula- 
tions for  their  organization,  government  and  instruction,  the  reception  of  pupils 
and  their  transfer  from  one  schoolroom,  or  schoolhouse  to  another,  for  their 
advancement  from  class  to  class,  as  their  degree  of  scholarship  shall  warrant, 
and  generally  for  the  promotion  of  good  order  and  the  prosperity  of  said  schools. 

5  To  prescribe  the  textbooks  to  be  used  in  the  schools,  and  to  compel  uniform- 
ity in  the  use  of  the  same,  and  to  furnish  the  same  to  the  pupils  attending  the 
public  schools  of  the  city,  in  such  grades  as  the  board  of  education  may  deter- 
mine, out  of  any  moneys  provided  for  that  purpose. 

6  Have  all  the  powers  and  be  charged  with  all  tlie  duties  of  tbe  commissioners 
of  common  schools,  and  of  trustees  of  the  several  school  districts  in  this  State, 
under  the  general  statutes  relating  to  common  schools,  so  far  as  such  powers 
and  duties  can  be  made  applicable  to  the  schools  herein  provided  for,  and  are 
not  inconsistent  with  the  provisions  of  this  act. 

§  ^^'j=>  Admission  to  public  schools.  The  public  schools  of  the  city  shall  be 
free  to  all  pupils  between  the  ages  of  4  and  21  years,  who  are  actual  residents 
of  said  city:  provided  that  pujjils  between  the  ages  of  4  and  6  years  shall  be 


EDUCATION    CODE  39 

admitted  only  to  a  kindergarten  department,  and  those  under  5  years  of  age 
shall  be  admitted  to  such  department  only  at  such  times  in  the  school  year  as 
may  be  fixed  by  the  superintendent  of  schools  and  approved  by  the  board  of 
education.  The  board  of  education  shall  decided  all  questions  of  residence  aris- 
ing under  this  section.  The  said  board  may  allow  children  of  nonresidents  to 
attend  the  schools  of  said  city,  and  shall  prescribe  the  rates  of  tuition  of  such 
nonresidents,  and.  also,  for  all  pupils  over  21  years  of  age,  payable  always  in  ad- 
vance. 

§  396  High  school  and  academy.  The  existing  high  school  shall  continue  to 
be  recognized  as  one  of  the  academies  of  this  State,  and  shall  be  subject  to  the 
visitation  of  the  Regents  of  the  University,  and  shall  share  in  the  annual  dis- 
tribution of  the  literature  and  other  school  funds  in  the  same  manner,  and  to 
the  same  extent,  and  upon  the  same  conditions  as  other  academies  and  the 
academic  departments  of  union  free  schools ;  and  the  Regents  shall  annually 
pay  to  the  city  treasurer,  for  the  use  of  the  board  of  education,  the  distributive 
share  of  said  funds  to  which  said  high  school  is  entitled. 

§  397  Appointment  and  removal  of  superintendent  of  schools.  The  board 
of  education  may  appoint  a  superintendent  of  the  public  schools  of  the  city, 
who  shall  hold  his  ofifice  during  the  pleasure  of  the  board,  provided,  only,  that  he 
shall  not  be  removed  from  office  except  at  the  close  of  the  school  year  unless 
charges  in  writing  be  preferred  against  him  and  he  be  given  a  period  of  ten 
days  in  which  to  file  an  answer  and  an  opportunity  to  appear  before  the  board 
and  be  heard  in  his  defense  at  the  expiration  of  said  ten  days.  The  superin- 
tendent shall  be  under  the  control  of  the  board  and  it  shall  establish  rules  and 
regulations  prescribing  his  general  powers  and  duties.  His  salary  shall  be  fixed 
by  the  board  and  be  paid  out  of  the  teachers'  fund. 

§  398  Superintendent  of  buildings ;  truant  officer.  The  board  may  appoint  a 
superintendent  of  school  buildings  and  a  truant  officer,  to  hold  office  during  the 
pleasure  of  the  board,  but  neither  of  such  officers,  when  appointed,  shall  be  re- 
moved except  in  the  manner  provided  in  the  last  preceding  section,  for  the  re- 
moval of  the  superintendent  of  schools.  The  superintendent  of  buildings  shall 
perform  such  duties  with  relation  to  the  school  buildings,  school  furniture  and 
fixtures  as  the  rules  of  the  board  shall  prescribe,  or  the  board  from  time  to  time 
direct.  The  truant  officer  shall  perform  such  duties  as  are  imposed  by  the  school 
law  of  the  State.  The  salaries  of  the  superintendent  of  buildings  and  the  truant 
officer  shall  be  fixed  by  the  board,  subject  to  the  approval  of  the  board  of  esti- 
mate and  apportionment. 

§  399  Annual  report  to  Superintendent  of  Public  Instruction.     Between  the 
1st  and  15th  days  of  October  in  each  year,  the  board  shall  make  to  the  Commis-  * 
sioner  of  Education  of  the  State  a  report,  in  writing,  giving  such  information 
as  he  may  require,  concerning  the  public  schools  of  the  city,  and  the  receipts  and 
expenditure  of  school  moneys  during  the  preceding  fiscal  year. 

§  400  Repairs;  sale,  purchase  or  lease  of  school  property.  Whenever,  in  the 
opinion  of  the  board,  any  repairs  are  needed  to  the  public  school  buildings  in 
the  city,  it  shall  direct  the  superintendent  of  buildings  to  make  application  to  the 


40  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

board  of  contract  and  supply  for  authority  to  make  such  repairs.  It  shall  recom- 
mend to  the  common  council,  when,  in  its  opinion,  the  public  interests  require, 
the  sale  of  any  schoolhouse,  the  purchase  or  lease  of  any  land  or  building  for  a 
schoolhouse,  and  when  authorized  thereto  by  an  ordinance  of  the  common 
council,  the  board  of  contract  and  supply  may  make  such  sale,  purchase  or  lease 
in  the  manner  in  this  act  provided ;  and  it  may  recommend  to  the  common  council 
the  erection  of  any  school  building;  and  when  authorized  thereto  by  an  ordinance 
of  the  common  council,  the  board  of  contract  and  supply  may  erect  such  build- 
ing in  the  manner  and  upon  the  conditions  prescribed  in  this  act ;  but  the  plans 
and  specifications  for  such  building  shall,  before  their  adoption  by  the  common 
council,  be  approved  by  the  board  of  education. 

§  401  Title  of  school  property;  taking  property  in  trust  for  schools.  The 
title  of  the  schoolhouses,  sites,  lots,  furniture,  books,  apparatus,  appurtenances 
and  of  all  other  school  property  shall  be  vested  in  the  city  of  Binghamton.  Such 
city  in  its  corporate  capacity  may  take  and  hold  any  personal  or  real  estate  trans- 
ferred to  it  by  grant,  gift,  devise  or  bequest,  in  trust,  for  the  benefit  of  the 
schools  of  said  city,  or  any  of  them,  whether  the  same  be  transferred  in  terms 
to  said  city,  by  its  corporate  name,  or  by  any  other  designation,  or  to  any  person 
or  body  for  the  benefit  of  said  schools,  or  any  of  them.  The  board  of  education, 
when  authorized  by  the  common  council,  may  sell  and  transfer  any  personal 
property  not  needed  for  the  purposes  of  this  act;  and  such  board,  and  the  city 
of  Binghamton,  in  their  corporate  capacities,  by  their  concurrent  action  may,  by 
an  instrument  executed  by  both  grantors,  sell  and  convey  any  of  the  real  property 
held  for  school  purposes,  and  all  interests  of  the  city  therein. 

§  402  Moneys  received  from  sale  of  school  property;  how  disposed  of. 
All  moneys  received  for  the  use  of  the  board  from  the  sale  of  school  property, 
and  from  other  sources  than  taxes  and  the  State,  shall  be  paid  to  the  city  treas- 
urer and  added  to  the  several  funds  to  be  expended  for  the  stated  purposes 
thereof,  as  follows :  From  the  sale  or  lease  of  sites,  to  the  site  fund ;  from  the 
sale,  lease  or  insurance  of  buildings,  to  the  building  fund ;  from  tuition,  to  the 
teachers'  fund;  from  the  sale  of  library  books  and  furniture,  school  books,  ap- 
paratus and  cabinets  therefor,  and  from  library  fines,  to  the  library  and  book 
fund ;  and  from  all  other  sources  to  the  general  fund.  Moneys  added  to  any 
fund,  as  aforesaid,  may  be  transferred  to  any  other  fund  by  the  board  of  esti- 
mate and  apportionment  on  request  of  the  board  of  education,  but  moneys  raised 
by  tax  or  provided  by  the  State  for  specific  purposes,  shall  not  be  diverted  to 
other  purposes. 

§  403  Power  of  common  council  to  pass  ordinances  for  school  purposes. 
The  common  council  shall  have  power,  and  it  shall  be  its  duty,  to  pass  such  ordi- 
nances and  regulations  as  the  board  of  education  may  report  as  necessary  for 
the  protection,  preservation,  safekeeping  and  care  of  the  school  buildings,  lots, 
libraries  and  property  belonging  to  or  connected  with  the  schools  of  said  city. 
All  penalties  for  the  violation  thereof,  when  collected,  shall  be  paid  to  the  treas- 
urer of  the  city  to  the  credit  of  the  educational  fund. 


EDUCATION    CODE  4^ 

§  404  Board  to  certify  necessity  for  bonding.  If  in  the  judgment  of  the 
board  it  sliall  become  necessary  at  any  time  to  raise  any  greater  amount  of  money 
for  the  purchase  of  sites,  the  erection,  alteration  or  repair  of  school  buildings, 
or  their  appurtances,  than  shall  have  been  included  in  the  site  and  building  funds 
in  the  last  preceding  tax  levy  for  school  purposes,  said  board  shall  certify  sucn 
opinion  to  the  common  council,  showing  in  such  certificate  the  facts  which  to 
said  board  appear  to  render  the  raising  of  such  money  necessary,  together  with 
the  amount  desired.  Upon  the  receipt  of  such  certificate  it  shall  be  the  duty 
of  said  common  council  to  stibmit  to  the  resident  taxpayers  of  the  city,  at  a 
special  election  to  be  held  in  the  manner  provided  in  title  seventeen  of  this  act,  the 
question  of  raising  the  estimated  amount  by  the  issue  of  the  bonds  of  the  city. 

§  405  Visitation.  Each  school  commissioner  shall  visit  all  the  schools  in  said 
city  at  least  once  in  each  year  of  his  official  term ;  and  the  board  of  education 
shall  provide  that  each  of  said  schools  shall  be  visited  by  a  committee  of  three  or 
more  of  its  members  at  least  once  in  each  term. 

Section  6  provides  for  five  commissioners  of  education  and  section  8  provides 
that  such  commissioners  shall  be  appointed  by  the  mayor.  Section  9  fixes  the 
term  of  office  five  years.  Section  10  provides  that  officers  shall  be  resident 
electors  of  the  city  but  that  such  provision  shall  not  prohibit  the  appointment  of 
women  to  such  office.     Section  14  requires  the  usual  constitutional  oath  cf  office. 


BUFFALO 

Chapter  217,  Laws  of  1914^ 

An  act  to  provide  a  charter  for  the  city  of  Bufifalo 

TITLE   VIII 
ARTICLE    I 

DEPARTMENT  OF  PUBLIC  INSTRUCTION 
Section  290  Until  otherwise  provided  by  the  council,  the  department  of  public 
affairs  shall  include  within  its  jurisdiction  the  matter  of  public  instruction,  of 
which  a  board  of  education  shall  be  the  head.  Such  board  shall  consist  of  not 
less  than  five  members,  and  as  many  more  as  the  council  shall  by  resolution  deter- 
mine, one  of  whom  shall  be  a  woman.  The  members  of  the  board  shall  serve 
without  pay.  Under  the  control  of  the  council,  they  shall  have  charge  of  the 
public  schools,  their  property,  expenditures  and  affairs.  The  superintendent, 
selected  by  the  council,  shall  have  the  immediate  supervision  of  the  schools,  the 
hiring  and  discharge  after  a  hearing  of  teachers  in  accordance  with  the  provisions 
of  this  charter,  or  the  rules  adopted  by  the  board  of  education,  and  subject  to  the 
general  ordinances  and  regulations  adopted  by  the  council,  and  shall  have  the 
powers  now  possessed  by  the  superintendent  of  education,  not  inconsistent 
herewith. 

§  291  The  city  has  power  to  establish,  maintain  and  regulate  public  schools. 
The  city  shall  be,  by  ordinance,  divided  into  school  districts,  and  from  time  to 
time  redivided,  and  in  each  district  there  shall  be  maintained  one  or  more  primary 
or  grammar  schools.  Such  schools  shall  be  open  and  free  to  all  persons  between 
five  and  twenty-one  years  of  age,  residing  within  their  respective  districts.  The 
city  may  maintain  and  regulate  one  or  more  high  schools,  and  it  may  also 
maintain  and  regulate  schools  for  manual  and  technical  training,  into  which 
may  be  admitted  pupils  who  shall  possess  the  qualifications  prescribed  by  ordi- 
nance. The  high  school  shall  share  in  the  literature  fund  of  the  State,  and  in 
all  appropriations  to  academies.  The  primary  and  grammar  schools  shall  share  in 
the  school  fund  of  the  State,  and  in  the  appropriations  made  to  public  schools. 

§  292  All  expenses  of  the  school  department  shall  be  included  in  and  paid  out 
of  the  general  fund.  The  council  is  hereby  authorized  to  embrace  in  its  estimate 
a  sum  not  exceeding  three  hundred  and  fifty  thousand  dollars  annually,  which 
shall  be  used  solely  for  the  purchase  of  school  lots,  and  the  erection,  enlargement, 
repairs  and  furnishing  of  school  buildings.  It  shall  be  lawful  for  the  city  to  raise 
an  amount  of  money  not  exceeding  three  hundred  thousand  dollars  to  erect  school 
buildings  and  to  furnish  the  same  and  for  such  purpose  it  shall  be  lawful  for 


^  The  provisions  of  the  charter  provided  by  chapter  217  of  the  Laws  of  1914  become 
operative  January  i,  1916.  Inconsistent  provisions  of  the  former  charter  (chapter  105  of  the 
Laws  of  l8gi,  post,  p.  46),  will  then  be  superseded  by  it. 

142] 


EDUCATION    CODE  43 

lie  council  of  said  city  by  a  vote  of  four-fifths  of  its  members  from  time  to  time 
.0  authorize  the  issue  of  the  bonds  of  said  city  to  an  amount  not  to  exceed  in 
the  aggregate  three  hundred  thousand  dollars,  bearing  interest  at  the  rate  of  not 
more  than  five  per  centum  per  annum,  interest  to  be  paid  semiannually ;  said 
bonds  to  be  due  in  not  less  than  twenty  nor  more  than  fifty  years  from  their  date 
and  to  be  sold  at  not  less  than  their  par  value. 

§  293  New  teachers  shall  be  selected  for  employment  in  the  diflferent  schools 
after  this  act  takes  efifect  from  lists  prepared  as  to  grades  and  qualifications  of 
applicants  in  the  manner  provided  by  resolution  of  the  council ;  all  teachers  shall 
be  hired  for  the  period  of  time  and  at  the  compensation  and  upon  the  terms 
and  conditions  provided  by  ordinance.  The  courses  of  study  and  systems  of 
education  shall  be  established  by  ordinance  or  in  such  other  manner  as  the  council 
may  prescribe,  and  until  provided  shall  remain  as  now  established. 

§  294  The  council  shall  be  the  trustees  and  have  the  general  care  and  manage- 
ment of  the  public  school  teachers  retirement  fund  as  now  existing  and  shall  have 
and  possess  all  the  powers  relating  thereto  now  possessed  by  the  board  of  trustees 
thereof;  the  council  is  authorized  to  establish  such  rules  and  regulations  for  the 
administration  and  investment  of  said  fund  as  it  may  from  time  to  time  deem  best. 
Investment  of  the  fund  may  be  made  in  the  name  of  the  council,  in  bonds  of  the 
United  States  or  of  the  State  of  New  York  or  of  any  municipal  corporation  of 
the  State.  The  fund  shall  consist  of  the  moneys  composing  it  at  the  time  this 
act  takes  effect,  and  moneys  to  be  hereafter  paid  to  it  in  accordance  with  the 
provisions  of  this  act. 

§  295  The  public  school  teachers  retirement  fund,  created  by  this  act,  shall 
consist  of  the  following  moneys,  to  wit: 

1  All  moneys  comprising  the  public  school  teachers  retirement  fund  at  the 
time  this  act  takes  effect. 

2  An  amount  not  less  than  one  per  centum  per  annum,  nor  more  than  two  per 
centum  per  annum  of  the  respective  salaries  paid  to  the  superintendent  of 
education,  assistant  superintendent,  supervisors,  directors,  principals  and  teachers, 
v.ho  are  regularly  employed  in  the  public  schools  of  Buffalo  or  in  the  department 
of  public  instruction  of  said  city,  to  be  taken  from  said  salaries  in  four  equal 
quarterly  installments  in  the  manner  hereinafter  described. 

3  Any  moneys  which  may  be  appropriated  for  said  fund  by  the  council  of 
said  city.  And  the  said  council  is  hereby  authorized  and  empowered  in  its  dis- 
cretion to  appropriate  annually  for  said  fund  and  to  include  in  its  annual  estimate 
a  sum  of  money  which  shall  not  exceed,  however,  the  amount  deducted  for  the 
previous  school  year  from  the  salaries  of  the  superintendents,  supervisors, 
directors,  principals  and  teachers,  as  provided  in  the  foregoing  subdivision  2  of 
this  section. 

4  All  moneys  received  from  donations,  legacies,  gifts,  bequests  or  otherwise, 
for  and  on  account  of  said  fund. 

5  All  moneys  which  may  be  derived  by  such  other  methods  as  may  be  duly 
and  legally  devised  for  the  increase  of  said  fund 


44  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

§  296  All  persons  employed  in  the  department  of  public  instruction  and  here- 
inbefore mentioned  as  contributors  to  said  fund,  shall  become  annuitants  under 
this  act  in  manner  following,  to  wit:     Any  female  teacher,  officer  or  employee' 
of  the  department  of  public  instruction  enumerated  in  section  295  of  this  act 
who  shall  have  served  for  twenty  years,  and  any  male  teacher,  officer  or  employee 
of  the  department  of  public  instruction  enumerated  in  section  295  of  this  act  who 
shall  have  served  for  twenty-five  years,  may  be  retired  by  the  board  of  trustees 
on  the  recommendation  of  the  superintendent  of  education  and  become  an  annui- 
tant of  this  fund  during  life,  if  such  teacher,  officer  or  employee  of  the  department 
of  public  instruction  enumerated  in  section  295  of  this  act  has  become  permanently 
incapacitated  for  further  efficient  service;  provided,  however,  that  four-fifths  of 
such  service  shall  have  been  rendered  in  the  public  schools  or  department  of 
public  instruction  of  the  city  of  Buffalo,  and  any  female  teacher,  officer  or  em- 
ployee of  the  department  of  public  instruction  enumerated  in  section  295  of  this 
act  who  shall  have  served  thirty  years  and  any  male  teacher,  officer  or  employee 
of  the  department  of  public  instruction  enumerated  in  section  295  of  this  act  who 
shall  have  served  thirty-five  years,  shall  have  the  right  to  return  and  become 
an  annuitant  of  said  fund  during  life,  provided,  however,  that  four-fifths  of  such 
service  shall  have  been  rendered  in  the  public  schools  or  department  of  public 
instruction  of  said  city.    In  case  any  teacher,  officer  or  employee  of  the  department 
of  public  instruction  shall  fail  to  be  reappointed  after  having  served  such  period 
of  time  as  would  entitle  him  or  her  to  the  benefits  of  said  fund  under  the  pro- 
visions of  this  act,  such  teacher,  officer  or  employee  shall,  notwithstanding  such 
termination  of  service,  receive  the  annuity  hereby  provided.     But  in  case  any 
such  teacher,  officer  or  employee  shall  be  removed  or  dismissed  from  service,  of 
fail  of  reappointment,  by  reason  of  misconduct,  charged  and  established  at  the 
time  of  such  termination  of  service,  such  teacher,  officer  or  employee  shall  not 
be  entitled  to  receive  the  benefits  of  said  fund,  but  shall  be  entitled  to  receive 
forthwith,  without  interest,  all  moneys  paid  into  said  fund  by  him  or  her  during 
such  period  of  service. 

§  297  Any  teacher,  officer  or  employee  so  retired  or  retiring  shall  receive  as  an 
annuity  an  amount  equal  to  one-half  of  the  annual  salary  paid  to  such  teacher, 
officer  or  employee  at  the  time  of  such  retirement ;  said  annuity  shall  not  exceed 
the  sum  of  eight  hundred  dollars  per  annum,  which  shall  be  paid  by  the  said  board 
of  trustees  out  of  the  fund  created  in  accordance  with  this  act. 

§  298  I  All  persons  who  are  annuitants,  as  provided  by  this  act,  may  become 
participants  in  full  benefits  provided  that  each  such  person  pay  into  the  public 
school  teachers  retirement  fund  such  additional  sum  as  will  make  his  or  her  total 
payments  equal  to  forty  per  centum  of  his  or  her  salary  at  the  time  of  his  or 
her  retirement. 

2  No  person  shall  become  an  annuitant  under  this  act  until  he  or  she  shall 
have  paid  into  the  retirement  fund  an  amount  equal  to  forty  per  centum  of  his  or 
her  annual  salary  at  the  time  of  retirement;  provided,  however,  that  no  person 
shall  be  required  to  pay  into  said  fund  more  than  fifteen  hundred  dollars. 


EDUCATION    CODE  45 

§  299  When  in  its  judgment  the  available  fund  shall  be  inadequate  fully  to  carry 
out  the  provisions  of  this  act,  said  council  is  hereby  given  the  power  to  use  both 
the  principal  and  the  income  of  said  fund  for  the  payment  of  annuities  herein- 
before mentioned,  and  shall  have  power  to  reduce  from  time  to  time  the  amount 
of  all  annuities;  provided,  that  such  reduction  shall  be  at  the  same  rate  in  all  cases. 

§  300  If  at  any  time  a  teacher,  officer  or  employee  of  the  department  of  public 
instruction  enumerated  in  section  295  who  shall  be  willing  to  continue  to  serve 
shall  not  be  reelected  or  reemployed,  or  shall  be  discharged  before  the  time  when 
he  or  she  would  under  the  provisions  of  this  act  be  entitled  to  an  annuity,  then 
such  teacher  shall  be  paid  back  all  the  money,  without  interest,  which  may  have 
been  deducted  from  his  or  her  salary  under  the  provisions  of  this  act. 

§  301  Deductions  from  salaries  of  teachers,  officers  or  employees  shall  be  made 
quarterly  at  the  following  rate,  to  wit :  One  per  centum  per  annum  of  the  salary 
of  each  of  the  persons  enumerated  in  the  foregoing  subdivision  3  of  section  29^ 
until  such  person  shall  have  reached  the  maximum  salary  of  the  class  or  grade 
in  which  he  or  she  is  employed ;  and  two  per  centum  per  annum  thereafter ; 
provided,  however,  that  no  person  shall  be  required  to  pay  into  said  public 
school  teachers  retirement  fund  more  than  the  sum  specified  in  section  298. 

§  302  The  superintendent  of  education  shall,  quarterly,  in  making  the  payrolls 
for  the  school  department  or  the  persons  entitled  to  share  in  the  fund  hereby 
created,  deduct  a  sum  not  exceeding  the  amount  or  proportion  prescribed  in 
section  301  from  the  salary  of  each  of  such  persons,  and  shall  certify  the  amount 
of  such  deductions  and  the  names  of  the  persons  from  whose  salaries  such 
deductions  shall  have  been  made ;  and  such  certificate  shall  accompany  the  pay- 
roll, and  a  warrant  for  the  amount  of  the  deductions  so  certified  shall  be  drawn 
payable  to  the  order  of  the  city  treasurer,  who  shall  retain  the  same  as  a  part  of 
the  fund,  subject  to  the  disposal  of  the  council. 

§  303  The  treasurer  of  the  said  city  shall  be  the  custodian  of  said  fund  and 
he  shall  execute  a  bond  to  the  city  with  good  and  sufficient  sureties  to  be  approved 
by  the  council,  conditioned  for  the  faithful  performance  of  the  duties  of  his 
office.  Such  bond  shall  be  filed  in  the  office  of  the  clerk  of  the  city,  and  in 
case  of  a  breach  of  the  same  or  the  conditions  thereof,  suit  may  be  brought  on 
the  same  in  the  name  of  said  city  for  the  use  of  the  council  or  of  any  person  or 
persons  injured  by  such  breach. 

§  304  The  word  '■  teacher,"  as  used  in  this  act,  shall  include  all  employees  of 
the  department  of  public  instruction  enumerated  in  subdivisions  2  and  3  of 
section  295  of  this  act. 


46  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Chapter  105,  Laws  of  1891 
An  act  to  revise  the  charter  of  the  city  of  Buffalo 

TITLE    XII 

DEPARTMENT  OF  PUBLIC  INSTRUCTION 

Section  324  The  city  has  power  to  estabhsh,  maintain  and  regulate  pubh'c 
schools. 

§  325  The  city  shall  be,  by  ordinance,  divided  into  school  districts,  and  from 
time  to  time,  redivided,  and  in  each  district  there  shall  be  maintained  one  or 
more  primary  or  grammar  schools. 

§  326  Such  schools  shall  be  open  and  free  to  all  persons  between  five  and 
twenty-one  years  of  age  residing  within  their  respective  districts. 

§  327  The  city  may  maintain  and  regulate  one  or  more  high  schools,  it 
may  also  maintain  and  regulate  schools  for  manual  and  technical  training,  into 
which  may  be  admitted  pupils  who  shall  possess  the  qualifications  prescribed  by 
ordinance. 

§  328  The  high  schools  shall  share  in  the  literature  fund  of  the  State,  and  in 
all  appropriations  to  academies.  The  primary  and  grammar  schools  shall  share  in 
the  school  fund  of  the  State,  and  in  the  appropriations  made  to  public  schools. 

§  329  All  expenses  of  the  school  department  shall  be  included  in  and  paid  out 
of  the  general  fund.  The  comptroller  is  hereby  authorized  to  embrace  in  his 
estimates  a  sum  not  exceeding  two  hundred  and  fifty  thousand  dollars  annually, 
which  shall  be  used  solely  for  the  purchase  of  school  lots  and  the  erection,  en- 
largement, repairs  and  furnishing  of  school  buildings.  It  shall  be  lawful  for  the 
city  to  purchase  or  acquire  lands  for  school  purposes  and  to  erect,  equip  and 
furnish  buildings  thereon  and  to  raise  money  for  either  or  any  of  such  purposes 
by  issuing  the  bonds  of  the  city  in  such  amounts  and  payable  at  such  times  and 
places  and  bearing  such  rate  of  interest  as  the  common  council  shall,  from  time 
to  time,  determine  by  resolution  adopted  by  a  vote  of  two-thirds  of  the  members 
elected  to  each  of  the  boards  composing  said  common  council ;  said  bonds,  how- 
ever, to  be  due  in  not  more  than  fifty  years  from  their  date  and  to  be  sold  at  not 
less  than  their  par  value  and  the  accrued  interest  thereon.  (As  amended  by  L. 
1^93,  ch.  S45;  L.  i8gg,  ch.  386:  L.  1913,  ch.  ij.) 

§  330  The  superintendent  of  education  shall  be  at  the  head  of  this  department. 
He  shall  from  time  to  time  recommend  to  the  common  council  the  course  of  study 
to  be  pursued  in  the  dififerent  public  schools,  and  such  measures  as  will,  in  his 
judgment  increase  the  usefulness  and  efiiciency  of  the  schools.  He  shall  select  all 
new  teachers  to  be  employed  in  the  dififerent  schools,  after  this  act  shall  take 
eflfect,  from  among  the  names  from  time  to  time  certified  to  him,  by  the  board  of 
school  examiners,  except  as  hereinafter  provided.  He  shall  hire  all  teachers  for 
the  period  of  time,  and  at  the  compensation,  and  upon  the  terms  and  conditions 
provided  by  ordinance.  He  shall  see  that  the  courses  of  study  and  systems  of 
education  established  by  ordinance  are   observed.     If  none  be  established  by 


EDUCATION    CODE  47 

ordinance,  he  shall  direct  the  courses  of  study  and  systems  of  education  to  be 
pursued.  The  teachers  shall  be  subject  to  his  orders  and  direction.  He  may 
suspend,  and  for  cause,  and  after  a  hearing,  with  the  concurrence  of  the  mayor, 
dismiss  any  teacher.  He  shall,  on  the  second  Monday  in  December  of  each  year, 
make  a  full  and  corriprehensive  report  to  the  common  council  of  the  condition  of 
the  schools  up  to  the  thirtieth  day  of  June  Preceding.  He  shall  appoint  a  citizen, 
who  shall  be  well  versed  in  the  German  as  well  as  the  English  language,  and 
whose  duty  it  shall  be  to  superintend  the  teaching  of  the  German  language  in  the 
public  schools,  and  who  shall  also  act,  when  not  otherwise  employed,  as  secretary 
to  the  superintendent.  Nothing  in  this  act  contained  shall  be  construed  to  au- 
thorize the  appointment  of  more  than  one  clerk  for  said  department,  unless  au- 
thority therefor  shall  be  given  by  the  common  council.  All  public  school  janitors 
provided  by  ordinance  shall  be  appointed  by  said  superintendent  of  education, 
and  may  be  removed  by  him  at  his  pleasure.     (As  amended  by  L.  IQO^,  ch.  109.) 

%  331  The  mayor  shall,  within  thirty  days  after  this  act  shall  take  effect, 
appoint  five  citizens  of  Buffalo,  who  shall  be  known  and  designated  as  "  the 
board  of  school  examiners."  They  and  their  successors  in  office  shall  each,  before 
entering  upon  the  performance  of  the  duties  of  an  examiner  under  this  act. 
qualify  in  the  manner  prescribed  for  officers  of  the  city  government. 

§  332  The  first  examiners  shall  be  appointed  respectively  one  for  one  year. 
one  for  two  years,  one  for  three  years,  one  for  four  years,  and  one  for  five  years, 
from  and  after  the  dates  of  their  respective  appointments,  unless  sooner  dis- 
qualified or  removed,  as  hereinafter  provided.  The  city  clerk  shall  indorse,  upon 
the  oath  of  office  of  each  examiner  appointed  as  aforesaid,  the  date  on  which  his 
term  of  office  expires,  and  shall,  at  least  thirty  days  before  the  expiration  of 
such  term,  notify  the  mayor  in  writing  of  the  name  of  the  examiner  whose  term 
is  to  expire  in  that  year.  The  mayor  shall,  on  the  expiration  of  the  term  of  any 
examiner,  appoint  an  examiner  to  svicceed  the  one  whose  term  shall  then  expire, 
and  who  shall  hold  office  for  the  term  of  five  years,  unless  sooner  removed  or 
disqualified  as  herein  provided. 

§  333  The  mayor  may  at  any  time  suspend,  and  for  cause,  and  after  a  hearing 
remove  any  examiner  appointed  under  this  act.  Whenever  any  one  of  the  ex- 
aminers dies,  resigns,  is  removed,  or  in  any  manner  becomes  disqualified  to  serve 
before  the  expiration  of  his  or  her  term  of  office,  the  said  office  shall  thereupon 
become  vacant,  and  the  mayor  shall,  within  thirty  days  after  receiving  notice  of 
such  vacancy  from  the  secretary  of  the  board  of  examiners,  appoint  another 
qualified  citizen  to  fill  such  vacancy,  as  provided  heretofore  for  regular  appoint- 
ments, who  shall  hold  office  for  the  unexpired  term  of  such  examiner,  unless 
sooner  removed  or  disqualified. 

§  334  The  examiners  appointed  under  this  act  shall  hold  at  least  one  stated 
meeting  in  each  month.  At  the  first  meeting  of  the  examiners,  which  must  be 
held  within  fifteen  days  after  their  appointment,  and  annually  thereafter,  the 
examiners  shall  choose  one  of  their  number  to  act  and  be  known  as  chairman. 


^8  THE   UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

who  shall  preside  at  all  sessions  of  the  board.  In  case  of  the  absence  or  in- 
ability of  the  chairman,  the  remaining  examiners  shall  elect  one  of  their  number 
as  chairman  pro  tempore  to  preside  at  any  session.  Three  of  their  number  shall 
constitute  a  quorum  for  the  transaction  of  business.  They  shall  also  at  their 
first  session,  held  as  herein  provided,  appoint  a  secretary  who  shall  perform 
such  duties  as  may  be  designated  by  the  board  and  who  shall  continue  in  office 
during  the  pleasure  of  the  board.  It  shall  be  the  duty  of  the  board  at  the  first 
monthly  meeting  of  each  school  term  to  assign  certain  schools  to  the  different 
members  of  the  board  for  visitation  and  inspection  during  said  school  term,  and 
to  change  the  said  assignments  each  term,  to  the  end  that  all  the  schools  shall  be 
visited  and  inspected  by  the  board  at  least  once  in  each  term.  (As  amended  by 
L.  ipoi,  ch.  12/;  L.  1908,  ch.  336.) 

§  335  Any  person  hereafter  desiring  to  secure  a  position  as  teacher  in  any  of 
the  public  schools  of  the  city  shall  apply  to  the  secretary  of  the  board,  who  shall 
thereupon  furnish  to  such  applicant  a  blank  application,  approved  as  to  form  by 
the  board ;  the  applicant  shall  fill  out  and  sign  said  blank,  stating  in  which  of  the 
three  grades  of  teachers,  hereinafter  provided,  he  or  she  desires  to  be  appointed. 
Such  applicants^  shall  then  be  presented  to  the  board,  which  shall  after  receiving 
the  same,  properly  filled  out  and  signed  as  aforesaid,  notify  each  applicant  of  the 
next  time  and  place  of  holding  the  examination  of  applicants  for  positions  as 
teachers  hereinafter  provided. 

§  336  For  the  purposes  of  this  act  the  teachers  in  all  public  schools  in  the  city 
are  hereby  divided  into  the  following  grades  designated,  respectively: 

1  High  school  teachers. 

2  Principals  of  grammar  and  primary  schools. 

3  Assistant  teachers  in  grammar  and  primary  schools. 

4  Teachers  in  special  subjects. 

The  superintendent  shall,  as  soon  as  practicable  after  this  act  shall  take  effect 
and  not  later  than  thirty  days  thereafter,  designate  the  subjects  upon  which  appli- 
cants for  teachers  in  their  respective  grades  shall  be  examined,  and  prescribe  the 
scope  and  limits  of  such  examinations.  The  board  of  examiners  shall,  from  time 
to  time,  prepare  written  or  printed  questions  upon  such  subjects,  within  the  scope 
or  limits  prescribed  as  aforesaid,  which  shall  be  used  in  the  written  examinations 
of  such  applicants  as  hereinafter  provided.  The  superintendent  may  from  time 
to  time,  as  he  deems  necessary,  change  the  subjects  and  the  scope  of  such  ex- 
aminations.    (As  amended  by  L.  iSqq,  ch.  62/.) 

§  337  The  examiners  shall  hold  stated  public  examinations  at  such  times  as 
they  may  designate  and  at  least  twice  in  a  year,  of  all  the  applicants  who  have 
filed  their  applications  with  the  secretary,  as  hereinbefore  provided.  They  shall 
cause  due  notice  of  the  time  and  place  of  holding  such  examinations  and  the 
grades  of  teachers  to  be  examined,  to  be  published  twice  a  week  for  four  weeks, 


'  So  in  the  original. 


EDUCATION    CODE  49 

commencing  six  weeks  prior  to  such  examination,  in  three  of  the  daily  news- 
papers of  the  city,  and  no  examination  shall  be  held  by  them  unless  so  noticed. 
At  the  time  of  holding  such  examinations,  they  may  first  examine  the  applicants 
orally,  for  the  purpose  of  ascertaining  their  physical  and  moral  fitness  for  teach- 
ing. The  board  shall  have  power  to  determine  what  qualifications  shall  be  re- 
quired of  applicants  who  desire  to  try  the  examinations  for  teachers'  positions  in 
the  high  school  and  special  teachers'  grades.  No  applicant  in  the  principals'  or  in 
the  assistant  teachers'  grades  shall  be  admitted  to  the  written  examination  herein- 
after provided  for,  unless  he  or  she  has  had  (a)  successful  experience  in  teaching 
for  at  least  three  years,  or,  in  lieu  thereof  was  (b)  graduated  from  a  high  school 
or  academy  having  a  course  of  study  of  not  less  than  three  years,  said  course  being 
approved  by  the  board  of  school  examiners  of  the  city  of  Buffalo,  or  was  gradu- 
ated from  some  institution  of  learning  of  equal  or  higher  rank,  approved  by  said 
board,  and  who,  subsequent  to  such  graduation  in  either  case,  was  graduated 
from  a  school  or  class  for  professional  training  of  teachers,  having  a  course  of 
study  approved  by  said  board,  or  (c)  who  was  graduated  from  a  normal  school 
for  the  training  of  teachers,  approved  by  said  board.  (As  amended  by  L.  ipoS, 
ch.  336.) 

^  33S  Each  applicant  who  shall  appear  upon  such  oral  examination  to  possess 
the  moral,  physical  and  general  qualifications  essential  and  requisite  to  make  a 
good  practical  teacher,  shall  then  be  subjected  by  the  examiners  to  a  written  ex- 
amination upon  the  subjects  prescribed  as  aforesaid  for  the  grade  of  teachers  in 
which  he  or  she  seeks  to  qualify,  by  writing  out,  under  the  direction  and  super- 
vision of  the  examiners,  the  answers  to  the  questions  on  the  subjects  prepared  as 
hereinbefore  provided.  Before  beginning  such  written  examinations,  each  ap- 
plicant shall  be  required  to  select  an  envelop  containing  duplicate  numbered  cards, 
in  such  a  manner  that  no  one  of  the  examiners  shall  know  what  number  any 
applicant  has.  No  two  applicants  will  be  furnished  with  the  same  number. 
Each  applicant  shall  write  his  or  her  name  upon  such  cards,  and  sign  his  or  her 
examination  paper  with  the  number  on  such  card,  omitting  the  name,  and  place 
one  card  in  a  blank  envelop  and  seal  the  same  and  deposit  it  in  a  box  to  be  pro- 
vided by  the  examiners  before  examination,  retaining  the  duplicate  card.  At  the 
close  of  the  examination  each  applicant  shall  hand  his  or  her  examination  paper, 
folded  in  such  a  manner  as  to  conceal  the  number  so  signed,  to  the  chairman  of 
said  examiners.  The  papers  shall  be  examined  by  the  examiners  and  they  shall, 
according  to  a  uniform  plan  or  standard,  to  be  agreed  to  by  them,  mark  on  each 
paper  the  percentage  which  the  applicant  writing  the  same  has  passed,  between 
one  and  one  hundred  inclusive,  and  after  the  papers  are  so  marked  the  envelops 
containing  the  name  of  the  applicant,  and  the  numbers  corresponding  with  their 
respective  papers,  shall  be  opened  by  the  secretary  in  the  presence  of  the  board, 
and  the  names  of  the  applicants  indorsed  upon  their  respective  papers.  The  said 
examiners  shall  have  power,  according  to  a  uniform  plan  or  standard,  to  de- 
termine the  relative  value  of  the  subjects  upon  which  each  applicant  is  examined. 
All  such  examination  papers,  together  with  the  applications  of  all  who  try  the 


50 


THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 


examinations,  shall  be  filed  and  preserved  in  the  office  of  the  superintendent,  for 
at  least  three  years  after  they  are  so  filed,  during  which  time  they  shall  be  open  to 
public  inspection.     [As  amended  by  L.  i8pp,  ch.  62/.) 

§  339  The  candidates  in  the  written  examination  in  the  high  school  teachers' 
grade  shall  be  required  to  pass  at  least  seventy  per  centum  in  each  subject  in- 
cluded within  the  group  of  subjects  as  shall  be  designated  by  the  superintendent 
of  education  of  the  city  of  Buffalo.  The  candidates  in  the  principal's,  assistant 
teachers',  and  special  grades  shall  be  required  to  attain  a  general  average  in  all 
subjects  of  at  least  seventy  per  centum.  The  board  of  school  examiners  shall 
have  power  to  fix  a  standard  of  each  subject  in  these  grades.  The  secretary  shall 
prepare  a  list  of  all  those  who  have  passed  according  to  the  regulations  above 
mentioned,  and  he  and  the  chairman  shall  certify  such  list  to  the  superintendent, 
stating  for  which  grade  of  teachers  they  were  examined,  and  shall  furnish  to 
each  applicant,  who  has  so  passed,  a  certificate  signed  by  him  and  the  chairman, 
stating  the  grade  of  teachers  for  which  the  applicant  was  examined,  and  that,  in 
the  judgment  of  the  examiners,  the  person  so  examined  is  a  person  of  good 
moral  character,  and  qualified  to  teach  in  such  grade.  This  list  shall  be  kept  by 
the  superintendent  as  a  list  of  eligible  candidates  for  three  years  from  which  to 
select  teachers,  and  no  teachers  not  employed  in  the  public  schools  at  the  time 
when  this  act  shall  take  effect  shall  thereafter  be  appointed  or  employed  as  a 
teacher  in  such  schools,  unless  he  or  she  has  undergone  the  examination  herein 
provided  for,  and  holds  such  a  certificate.  In  the  employment  of  teachers,  under 
this  act,  preference  shall  be  given  to  residents  of  Buffalo.  (As  amended  by  L. 
ipo8,  ch.  336.) 

§  340  Nothing  contained  in  this  act  shall  in  any  manner  affect  or  prohibit  the 
reemployment  of  any  teacher  or  teachers  employed  in  said  schools  at  the  time 
when  this  act  shall  take  effect,  and  they  may  be  so  appointed  or  reemployed  with- 
out undergoing  the  qualifying  examination  provided  for  herein,  in  the  discretion 
of  the  superintendent,  as  he  has  heretofore  employed  them. 

§  341  All  new  teachers  appointed  under  the  provisions  of  this  act  shall  be  first 
appointed  on  probation  for  six  months  before  they  shall  be  regularly  employed  as 
hereinbefore  provided.  Any  teacher  so  employed  shall  receive  the  same  salary 
for  such  period  of  probation  as  if  regularly  employed. 

§  342  The  financial  officers  of  the  city  are  hereby  prohibited  from  paying  any 
salary  to  any  person  appointed  a  teacher  in  the  public  schools  in  violation  of  the 
provisions  of  this  act. 

§  343  Any  person  who  fails  to  pass  any  examination  as  high  as  the  standard  of 
seventy  per  centum  may  at  any  time  after  the  expiration  of  three  months,  and 
witliin  one  year  from  the  time  he  or  she  last  tried  such  examination,  apply  to  the 
secretary  for  admission  to  the  next  succeeding  examination  of  applicants  for 
teachers  in  the  same  grade  for  which  he  or  she  was  last  examined,  and  he  or  she 
shall  be  admitted  to  such  examination  on  the  same  basis  as  other  applicants,  with- 
out any  further  or  different  application,  and  without  any  further  certificate  or 
proof  as  to  good  moral  character  unless  required  to  furnish  the  same  by  the 
examiners. 


EDUCATION    CUDE  5^ 

§  343-a  Any  candidate  for  an  assistant  teacher's  grade  certificate,  who  in  any 
one  examination  attains  the  required  percentage  in  every  subject  included  in  the 
examination  except  one.  may,  after  applying  to  the  secretary  for  admission  to  the 
next  succeeding  examination  for  candidates  for  an  assistant  teacher's  grade  cer- 
tificate, try  the  examination  in  the  one  subject  in  which  he  or  she  had  previously 
failed;  and  upon  attaining  the  necessary  percentage  in  said  subject,  such  candi- 
date shall  be  rated  on  the  same  basis  as  other  candidates  successful  in  that  ex- 
amination, and  the  name  of  such  candidate  shall  be  included  in  the  list  of  teachers 
eligible  to  appointment  in  the  grade  of  assistant  teacher.  (As  added  by  L.  1911, 
ch.  s86.) 

^  344  The  examiners  may  prepare,  adopt,  and  promulgate  such  rules  or  regu- 
lations as  they  may  deem  fit  and  proper,  not  inconsistent  with  any  of  the  pro- 
visions of  this  act,  for  the  conduct  and  management  of  their  examinations,  and 
the  government  of  their  meetings,  and  any  rules  or  regulations  which  will  aid 
them  in  carrying  out  the  provisions  of  this  act.  But  all  rules  and  regulations 
pertaining  to  the  examinations  oral  or  written  shall  be  uniform. 

§  345  The  secretary  shall  keep  a  record  of  all  their  proceedings,  which  shall 
contain  a  Hst  of  all  the  applicants  certified  to  the  superintendent  as  eligible  for 
positions  as  teachers,  and  the  grades  in  which  they  have  passed  as  well  as  all 
matters  necessary  for  the  information  and  the  use  of  the  board  and  the 
superintendent. 

J;  346  The  board  shall  make  an  annual  report  of  their  proceedings  to  the 
common  council,  on  the  second  Monday  in  December  in  each  year,  which  shall 
contain  a  statement  in  regard  to  the  general  condition  of  the  schools  as  ascer- 
tained by  their  inspection,  and  a  statement  of  the  practical  workings  and  effect 
upon  the  public  schools  of  the  system  of  examinations  provided  for  by  this  act, 
and  any  suggestions  which  they  may  deem  proper  as  to  the  improvement  of  such 
rules,  and  for  the  more  efficient  accomplishment  of  the  purposes  of  this  act. 

§  347  Any  person  who  shall  wilfully  and  corruptly  by  himself,  or  in  coopera- 
tion with  one  or  more  persons,  defeat,  deceive,  or  obstruct  any  person  in  respect 
to  his  or  her  right  of  examination,  according  to  the  provisions  of  this  act  or  the 
rules  and  regulations  prescribed  pursuant  thereto,  or  who  shall  wilfully,  cor- 
ruptly, or  falsely  mark,  grade,  estimate,  or  report  upon  the  examination  or  proper 
standing  of  any  person  examined  pursuant  to  the  provisions  of  this  act,  or  aid  in 
so  doing,  or  who  shall  wilfully  or  corruptly  make  any  false  representations  con- 
cerning the  same  or  cohcerning  the  persons  examined,  or  who  shall  wilfully  or 
corruptly  furnish  to  any  person  any  special  or  secret  information  for  the  pur- 
pose of  either  improving  or  injuring  the  prospects  or  chances  of  any  person  so 
examined  or  to  be  examined,  shall,  for  each  and  any  of  said  offenses,  be  deemed 
guilty  of  a  misdemeanor. 

§  348  The  city  shall  provide  a  suitable  place  for  the  meetings  of  the  examiners, 
and  also  a  place  for  holding  the  examinations,  and  shall  furnish  all  necessary 
stationery  and  other  supplies  for  the  board.  The  expenses  incurred  by  the  board 
in  carrying  out  the  provisions  of  this  act,  including  salaries,  shall  be  audited  and 


52  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

paid  like  other  accounts  against  the  city,  and  shall  be  included  in  the  expenses  of 
the  school  department.     {As  amended  by  L.  i8q2,  ch.  22:  L.  i8p4,  ch.  _?j.) 

S  A  The  mayor  of  the  city  of  Buffalo,  the  superintendent  of  education,  the 
chairman  of  the  board  of  school  examiners,  the  president  of  the  Buffalo  School- 
masters Association,  and  the  president  of  the  Women  Teachers  Association  shall 
constitute  a  board  of  trustees  who  shall  have  general  care  and  management  of  the 
public  school  teachers  retirement  fund  created  by  this  act.  ( .-Lv  added  by  L.  i8p6, 
ch.  p28;  and  amended  by  L.  1905,  ch.  192.) 

>j  B  The  said  board  of  trustees  is  empowered  to  invest  said  retirement  fund  ill 
the  name  of  the  said  board  in  bonds  of  the  United  States,  or  of  the  State  of  New 
York,  or  of  any  municipal  corporation  in  the  State  of  New  York,  and  to  make 
payment  from  said  fund  of  annuities  granted  in  pursuance  of  this  act,  and  to 
take  all  necessary  and  proper  action  in  the  premises,  and  from  time  to  time 
establish  such  rules  and  regulations  for  the  administration  and  investment  of 
said  fund  as  it  may  deem  proper.  {As  added  by  L.  i8q6,  ch.  928 ;  and  amended 
by  L.  I  poo,  ch.  334.) 

^  C  The  public  school  teachers  retirement  fund,  created  by  this  act,  shall  con- 
sist of  the  following  moneys,  to  wit : 

1  All  moneys  comprising  the  public  school  teachers  retirement  fund  at  the  time 
of  the  passage  of  this  act. 

2  An  amount  not  less  than  one  i)er  centum  per  annum,  nor  more  than  two  per 
centum  per  annum  of  the  respective  salaries  paid  to  the  superintendent  of  edu- 
cation, assistant  superintendents,  supervisors,  directors,  principals  and  teachers 
who  are  regularly  employed  in  the  public  schools  of  Buffalo  or  in  the  department 
of  public  instruction  of  said  city,  to  be  taken  from  said  salaries  in  four  equal 
quarterly  installments  in  the  manner  hereinafter  described. 

3  Any  moneys  which  may  be  appropriated  for  said  fund  by  the  common  council 
of  said  city.  And  the  said  common  council  is  hereby  authorized  and  empowered 
in  its  discretion  to  appropriate  annually  for  said  fund  and  to  include  in  its  annual 
estimate  a  sum  of  money  which  shall  not  exceed,  however,  the  amount  deducted 
for  the  previous  school  year  from  the  salaries  of  the  superintendents,  supervisors, 
directors.  ])rincipals  and  teachers,  as  provided  in  the  foregoing  subdivision  2  of 
this  section. 

4  All  moneys  received  from  donations,  legacies,  gifts,  bequests  or  otherwise, 
for  and  on  account  of  said  fund. 

5  All  moneys  which  may  be  derived  by  such  other  methods  as  may  be  duly  and 
legally  devised  for  the  increase  of  said  fund.  (As  added  by  L.  i8q6,  cli.  028;  and 
amended  by  L.  IQ09,  ch.  334.) 

>$  D  All  persons  employed  in  the  department  of  public  instruction  and  herein- 
before mentioned  as  contributors  to  said  fund,  shall  become  annuitants  under  this 
act  in  manner  following,  to  wit :  Any  female  teacher,  officer  or  employee  of  the 
department  of  public  instruction  enumerated  in  section  C  of  this  act  who  shall 
have  served  for  twenty  years,  and  any  male  teacher,  officer  or  employee  of  the 
department  of  public  instruction  enumerated  in  section  C  of  this  act  who  shall 


EDUCATION    CODE  53 

have  served  for  twenty-five  years,  may  be  retired  by  the  board  of  trustees  on  the 
recommendation  of  the  superintendent  of  education  and  become  an  annuitant  of 
this  fund  during  life,  if  such  teacher,  officer  or  employee  of  the  department  of 
public  instruction  enumerated  in  section  C  of  this  act  has  become  permanently 
incapacitated  for  further  efficient  service ;  provided,  however,  that  four-fifths  of 
such  service  shall  have  been  rendered  in  the  public  schools  or  department  of 
public  instruction  of  the  city  of  Bufifalo.  And  any  female  teacher,  officer  or 
employee  of  the  department  of  public  instruction  enumerated  in  section  C  of  this 
act  who  shall  have  served  thirty  years  and  any  male  teacher,  officer  or  employee 
of  the  department  of  public  instruction  enumerated  in  section  C  of  this  act  who 
shall  have  served  thirty-five  years,  shall  have  the  right  to  retire  and  become  an 
annuitant  of  said  fund  during  life,  provided,  however,  that  four-fifths  of  such 
service  shall  have  been  rendered  in  the  public  schools  or  department  of  public 
instruction  of  said  city.  In  case  any  teacher,  officer  or  employee  of  the  depart- 
ment of  public  instruction  shall  fail  to  be  reappointed  or  reelected  after  having 
served  such  period  of  time  as  would  entitle  him  or  her  to  the  benefits  of  said  fund 
under  the  provisions  of  this  act,  such  teacher,  officer  or  employee  shall,  notwith- 
standing such  termination  of  service,  receive  the  annuity  hereby  provided.  But 
in  case  any  such  teacher,  officer  or  employee  shall  be  removed  or  dismissed  from 
service,  or  fail  of  reappointment,  by  reason  of  misconduct,  charged  and  estab- 
lished at  the  time  of  such  termination  of  service,  such  teacher,  officer  or  em- 
ployee shall  not  be  entitled  to  receive  the  benefits  of  said  fund,  but  shall  be 
entitled  to  receive  forthwith,  without  interest,  all  moneys  paid  into  said  fund  by 
him  or  her  during  such  period  of  service.  (As  added  by  L.  i8p6,  ch.  p28 ;  and 
amended  by  L.  ipop,  ch.  554.) 

^  E  Any  teacher,  officer  or  employee  so  retiring  or  retiring  shall  receive  as  an 
annuity,  an  amount  equal  to  one-half  of  the  annual  salary  paid  to  such  teacher, 
officer  or  employee  at  the  time  of  such  retirement,  said  annuity  to  be  paid  quar- 
terly, provided,  however,  that  such  annuity  shall  not  exceed  the  sum  of  eight  hun- 
dred dollars  per  annum,  which  shall  be  paid  by  the  said  board  of  trustees  out  of 
the  fund  created  in  accordance  with  this  act.  {As  added  by  L.  1806,  ch.  028 :  and 
amended  by  L.  ipop,  ch.  354.) 

§  F  I  All  persons  who  are  annuitants,  as  provided  by  chapter  928  of  the  Laws 
of  1896,  may  become  participants  in  the  full  benefits  of  said  act  as  hereby 
amended,  provided  that  each  such  person  pay  into  the  public  school  teachers  re- 
tirement fund  such  additional  sum  as  will  make  his  or  her  total  payments  equal  to 
forty  per  centum  of  his  or  her  salary  at  the  time  of  his  or  her  retirement. 

2  No  person  shall  become  an  annuitant  under  this  act  until  he  or  she  shall  have 
paid  into  the  retirement  fund  an  amount  equal  to  forty  per  centum  of  his  or  her 
annual  salary  at  the  time  of  retirement ;  provided,  however,  that  no  person  shall 
be  required  to  pay  into  said  fund  more  than  fifteen  hundred  dollars.  (As  added 
by  L.  i8p6,  ch.  928;  and  amended  by  L.  1909,  ch.  334.) 

§  G  When  in  their  judgment  the  available  fund  shall  be  inadequate  fully  to 
carry  out  the  provisions  of  this  act.  said  board  of  trustees  is  hereby  given  the 


54  THE    UNIVERSITY   OF    THE    STATE    OF    NEW    YORK 

power  to  use  both  the  principal  and  the  income  of  said  fund  for  the  payment  of 
annuities  hereinbefore  mentioned,  and  shall  have  power  to  reduce  from  time  to 
time  the  amount  of  all  annuities ;  provided,  that  such  reduction  shall  be  at  the 
same  rate  in  all  cases.     (As  added  by  L.  i8p6,  ch.  p28;  and  amended  by  L.  iQog, 

ch.  554-) 

§  H  If  at  any  time  a  teacher,  officer  or  employee  of  the  department  of  public 
instruction  enumerated  in  section  C  of  this  act  who  shall  be  willing  to  continue 
to  serve  shall  not  be  reelected  or  reemployed,  or  shall  be  discharged  before  the 
time  when  he  or  she  would  under  the  provisions  of  this  act  be  entitled  to  an 
annuity,  then  such  teacher  shall  be  paid  back  all  the  money,  without  interest,  which 
may  have  been  deducted  from  his  or  her  salary  under  the  provisions  of  this  act. 
(As  added  by  L.  1896,  ch.  Q28 ;  and  amended  by  L.  ipop,  ch.  554.) 

^  I  Deductions  from  salaries  of  teachers,  officers  or  employees  shall  be  made 
quarterly  at  the  following  rate,  to  wit :  one  per  centum  per  annum  of  the  salary  of 
each  of  the  persons  enumerated  in  the  foregoing  subdivision  3  of  section  C  until 
such  person  shall  have  reached  the  maximum  salary  of  the  class  or  grade  in  which 
he  or  she  is  employed ;  and  two  per  centum  per  annum  thereafter ;  provided,  how- 
ever, that  no  person  shall  be  required  to  pay  into  said  public  school  teachers  re- 
tirement fund  more  than  the  sum  specified  in  the  foregoing  section  F.  {As  added 
by  L.  1909,  ch.  554.) 

^  J  The  superintendent  of  education  shall,  quarterly,  in  making  the  payrolls 
for  the  school  department  or  the  persons  entitled  to  share  in  the  fund  hereby 
created,  deduct  a  sum  not  exceeding  the  amount  or  proportion  prescribed  in  the 
foregoing  section  I  from  the  salary  of  each  of  such  persons,  and  shall  certify  the 
amount  of  such  deductions  and  the  names  of  the  persons  from  whose  salaries 
such  deductions  shall  have  been  made ;  and  such  certificate  shall  accompany  the 
payroll,  and  a  warrant  for  the  amount  of  the  deductions  so  certified  shall  be 
drawn  payable  to  the  order  of  the  city  treasurer,  who  shall  retain  the  same  sub- 
ject to  the  disposal  of  the  said  board  of  trustees  hereinbefore  mentioned.  {As 
added  by  L.  1896,  ch.  928;  and  amended  by  L.  190^,  ch.  334.) 

^  K  The  treasurer  of  said  city  shall  be  the  custodian  of  said  fund  and  he  shall 
execute  a  bond  to  the  city  with  good  and  sufficient  sureties  to  be  approved  by  said 
board  of  trustees,  conditioned  for  the  faithful  performance  of  the  duties  of  his 
office.  Such  bond  shall  be  filed  in  the  office  of  the  clerk  of  the  city,  and  in  case 
of  a  breach  of  the  same  or  the  conditions  thereof,  suit  may  be  brought  on  the 
same  in  the  name  of  said  city  for  the  use  of  said  board  or  of  any  person  or  per- 
sons injured  by  such  breach.  The  said  treasurer  shall  report  to  the  said  board 
of  trustees  the  amount  and  condition  of  said  fund  on  June  thirtieth  of  each  year. 
{As  added  by  L.  1896,  ch.  928;  and  amended  by  L.  1909,  ch.  334.) 

§  L  The  word  "  teacher,"  as  used  in  this  act,  shall  include  all  employees  of  the 
department  of  public  instruction  enumerated  in  subdivisions  2  and  3  of  section  C 
of  this  act.     (As  added  by  L.  1909,  ch.  334.) 

Sections  45  and  47  provide  for  the  election  of  the  superintendent  of  education 
for  a  term  of  four  years;  section  4.S  provides  for  the  filing  of  a  bond  by  such 
superintendent. 


CANANDAIGUA 

This  city  was  incorporated  by  the  Laws  of  1913,  chapter  371.  No  provision  is 
made  in  the  city  charter  for  the  government  of  the  schools  and  such  schools  are 
therefore  governed  by  the  general  provisions  of  the  Education  Law. 


[55I 


COHOES 

Chapter  130,  Laws  of  1915 
An  act  to  revise  the  charter  of  the  city  of  Cohoes 

ARTICLE  XIII 

DEPARTMENT  OF  EDUCATION 
Section  200  Board  of  education 

201  Meetings  of  the  board;   quorum;    custody  of  school  Hbraries 

202  President   of   board 

203  Clerk;  appointment  of  and  duties 

204  Superintendent  of   schools 

205  Eligibility  and   removal  of  superintendent 

206  Powers  of  board 

207  Powers  and  duties  of  superintendent 

208  Annual  estimate 

209  Textbooks   and    stationery 

210  Annual  appropriation 

211  Additional  powers  of  board 

212  Title  of  schoolhouses 

213  Common  council  may  sell  school  property 

214  Ordinances  for  protection  of  property 

215  Annual  report  to  common  council 

216  Deposit  and  'disbursement  of  moneys 

217  Nonresident  pupils 

218  Annual  visitation  of  schools 

219  Raising  of  money  for  extraordinary  or  special  purposes 

220  Contracts  for  work  and  material 

221  Organization   of   teachers   retirement    fund 

222  Creation  of  fund 

223  Collection  of  assessments 

224  Treasurer  of  fund 

225  Retirement  of  teachers 

226  Annuities 

227  Return  of  money  in  case  of  dismissal 

228  Continuation  of  board  of  trustees  now  in  office 

229  Terms  of  present  appointive  officers  of  board  of  education  to  continue 

Section  200  Board  of  education.  The  pubHc  schools  of  the  city  of  Cohoes 
shall  be  under  the  management  and  control  of  a  board  of  education  which  shall 
be  styled  "  board  of  education  of  the  city  of  Cohoes  "  and  be  composed  of  five 
school  commissioners,  who  shall  be  a  body  corporate  in  relation  to  all  the  powers 
and  duties  conferred  upon  them  by  this  article  and  who  shall  serve  without 
compensation.  The  commissioners  now  in  office  shall  continue  therein  until  the 
expiration  of  their  respective  terms  to  which  they  have  been  appointed  and  said 
commissioners  shall  constitute  said  board  of  education  and  not  more  than  three 

[56I 


EDUCATION    CODE  57 

of  them  shall  belong  to  the  same  political  party.  Within  ten  days  prior  to  the 
expiration  of  each  term  the  mayor  for  the  time  being  shall  appoint  the  successors 
of  each  of  said  school  commissioners  and  the  term  of  all  such  school  commis- 
sioners so  appointed  shall  be  five  years  from  the  1st  day  of  January  following. 
In  case  of  the  death,  resignation  or  removal  of  any  commissioner  during  his 
term  of  otlice.  the  mayor  then  in  office  shall  within  ten  days  thereafter  appoint  a 
successor  to  such  commissioner  for  the  remainder  of  the  unexpired  term.  Any 
member  of  said  board  of  education  may  be  removed  from  office  for  cause  by  the 
mayor  of  said  city  upon  the  complaint  of  any  taxpayer  or  person  aggrieved  by 
his  official  misconduct,  provided,  always,  that  said  member  shall  be  served  with 
a  copy  of  the  charges  preferred  against  him  and  notice  of  the  trial,  not  less 
than  twenty  days  previous  to  the  day  fixed  for  the  hearing  of  the  matter,  by 
leaving  such  copy  and  notice  with  him  personally  or  at  his  residence  in  the  city, 
or  by  sending  the  same  to  his  address  by  mail.  The  accused  member  shall  have 
the  privilege  of  being  represented,  at  his  own  expense,  by  counsel.  The  corpora- 
tion counsel  shall  appear  for  the  prosecution,  at  the  request  of  the  mayor. 

§  201  Meetings  of  the  board;  quorum;  custody  of  school  libraries.  The 
members  of  said  board  shall  hold  an  annual  meeting  on  the  second  secular  day 
in  January  in  each  year  and  shall  then  organize  their  body.  The  board  shall 
also  meet  for  the  transaction  of  business  as  often  as  once  in  each  month  and 
may  adjourn  for  any  shorter  time.  Special  meetings  may  be  called,  as  often  as 
necessary,  by  the  president  to  be  appointed  by  said  board  as  hereinafter  provided, 
or,  in  his  absence  or  inability  to  act,  by  any  two  members  of  the  board,  by 
causing  a  written  or  printed  notice  signed  by  the  president  or  by  the  members 
calling  the  same,  as  the  case  may  be,  to  be  served  personally  on  each  member, 
or  left  at  his  last  place  of  residence,  at  least  twenty-four  hours  before  the  hour 
of  such  special  meeting.  Such  notice  shall  specify  the  object  of  such  special 
meeting,  the  action  of  which  shall  be  limited  to  the  object  so  specified.  The 
said  board  shall  hold  its  meetings  in  the  rooms  in  the  city  hall  assigned  to  its 
use  by  the  authorities  having  the  legal  custody  thereof.  Except  as  otherwise 
provided,  three  of  the  members  of  said  board  shall  constitute  a  quorum  for  the 
transaction  of  business,  and  a  majority  of  the  members  present  shall  be  sufficient 
to  carry  any  measure  or  decide  any  question  before  them,  except  in  case  of  any 
resolution  or  contract  appropriating  money  or  involving  the  appropriation  of 
money  for  any  purpose,  and  in  case  of  the  election  of  any  officer  of  the  board, 
the  appointment  of  a  superintendent  of  schools,  a  clerk  of  the  board,  or  of  a 
change  of  textbooks,  when  it  shall  require  in  each  case  the  affirmative  vote  of  at 
least  three  members.  Said  board  of  education  shall  have  the  custody  of  the 
school  libraries  in  said  city  and  all  provisions  of  law,  now  or  hereafter  in  force, 
relative  to  school  district  libraries,  shall  apply  to  said  board  in  the  same  manner 
as  if  its  members  were  trustees  of  a  school  district  comprising  said  city.  The 
books  of  the  common  school  Hbrary  in  said  city  shall  remain  subject  to  the  control 
of  said  board  which  shall  make,  subject  to  the  provisions  of  law,  all  necessary 
regulations  respecting  the  management  and  use  thereof. 

§  202  President  of  board.     At  the  annual  meeting  in  Jr.nuary  in  each  year. 


58  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

and  as  often  as  death,  resignation  or  inability  to  act,  shall  render  necessary, 
they  shall  elect  one  of  their  number  president  of  said  board,  who  shall  hold 
office  for  one  year  and  until  his  successor  shall  be  elected,  and  whenever  he 
shall  be  absent,  a  president  pro  tempore  may  be  appointed.  He  shall  preside 
at  all  meetings,  exercise  all  powers  usual  to  such  office  and  be  entitled  to  vote  as 
other  members. 

§  203  Clerk;  appointment  of  and  duties.  The  board  shall  appoint  a  suitable 
person  as  clerk  of  the  board.  A  certificate  of  such  appointment,  under  the  hand 
of  the  president,  shall  be  forthwith  filed  with  the  city  clerk.  The  clerk  so 
appointed  shall  hold  his  office  at  the  pleasure  of  the  board,  and  shall  also  be 
librarian  of  the  library  in  charge  of  said  board ;  and,  as  such  clerk  and  librarian, 
shall  perform  all  the  duties  which  are,  or  may  be,  required  by  the  Education 
Law  and  board  of  education.  As  librarian  he  shall  be  present  at  the  school  or 
city  library  every  day  in  the  year,  Sundays  and  holidays  excepted,  at  such  times 
and  such  hours,  not  less  than  six  in  each  day,  as  the  board  of  education  may 
prescribe.  As  clerk  of  the  board  of  education,  he  shall  keep  a  record  of  the 
proceedings  of  the  board  and  shall  prepare  the  same  for  publication.  The  said 
record,  or  a  transcript  thereof  certified  by  the  president  and  clerk,  shall  be 
received  in  all  courts  of  justice  as  evidence  of  the  facts  therein  set  forth;  and 
siich  records  and  all  books  of  account,  vouchers  and  papers  of  said  board  shall 
be  at  all  times  subject  to  the  inspection  of  the  members  of  said  board  or  of  the 
common  council  of  the  city  of  Cohoes,  or  any  committee  thereof  or  the  mayor. 
As  clerk  he  shall  make  out  and  submit  to  the  board,  at  its  stated  meetings  in 
each  month,  a  tabulated  abstract  of  the  reports  of  the  teachers  for  the  preceding 
month.  Under  the  supervision  and  direction  of  the  superintendent  of  schools,  he 
shall  keep  the  accounts  of  the  board  in  such  manner  as  shall  show,  at  any  time, 
the  exact  state  of  such  accounts,  the  balance  to  the  credit  of  each  fund,  the 
expenses  of  each  school  and  the  cost  of  maintaining  the  schools  in  each  building, 
showing  the  amount  paid  for  teachers'  wages,  for  general  contingent  expenses, 
including  the  cost  of  heating,  repairing,  supplies,  and  also  the  amount  paid  out 
for  permanent  improvements,  specifying  the  place  where  such  improvements  have 
been  made.  He  shall  act  as  clerk  of  the  several  committees  of  the  board,  when 
requested  by  the  chairman  of  any  such  committee,  and  shall  perform  all  other 
duties  required  by  said  board.  Said  clerk  and  librarian  shall  receive  for  all  his 
services  such  annual  salary  as  the  board  of  education  may  determine. 

§  204  Superintendent  of  schools.  The  superintendent  of  schools  now  in 
office  shall  continue  therein  until  the  expiration  of  his  respective  term  and  in 
the  month  of  June  in  the  year  191 7,  and  in  the  same  month  of  each  fourth  year 
thereafter,  said  board  shall  appoint  a  superintendent  of  schools  of  said  city 
whose  term  of  office  shall  commence  on  the  ist  day  of  July  in  the  year  of  his 
appointment,  and  shall  continue  until  the  ist  day  of  July  in  the  fourth  year 
thereafter,  and  until  the  appointment  and  qualification  of  his  successor.  In 
case  of  a  vacancy  in  the  said  office  of  superintendent  of  schools,  the  same  shall 
be  filled  by  appointment,  in  the  same  manner,  within  one  month  after  its  occur- 
rence, of  a  superintendent  for  the  unexpired  term,   who  shall   enter  upon  his 


EDUCATION    CODE  59 

duties  forthwith.  The  superintendent  of  schools  shall  receive  a  salary  not  to 
exceed  two  thousand  dollars  annually,  payable  monthly  out  of  the  moneys  or 
funds  apportioned  to  said  board  of  education,  legally  applicable  thereto.  Before 
any  appointment  of  a  superintendent  of  schools  shall  take  efifect  for  any  purpose, 
a  certificate  in  writing  of  such  appointment,  signed  by  a  majority  of  the  members 
of  the  board  of  education,  then  legally  in  office,  shall  be  made  and  filed  in  the 
office  of  the  clerk  of  the  city  of  Cohoes,  and  the  superintendent  appointed  shall 
duly  take  and  file  in  the  office  of  said  clerk  the  constitutional  oath  of  office. 

§  205  Eligibility  and  removal  of  superintendent.  No  person  shall  be  eligible 
for  appointment  to  the  office  of  superintendent  of  schools  of  said  city  unless, 
within  fifteen  years  immediately  preceding  his  appointment,  he  shall  have  had  at 
least  five  years'  experience  as  teacher,  either  in  the  free  common  schools  of  the 
State  of  New  York,  or  elsewhere  in  free  common  schools  of  equal  grade  and 
requirements,  or  has  acted  as  superintendent,  or  principal  of  such  schools,  or 
taught  for  a  like  period  in  a  college ;  nor  unless  of  mature  age,  of  good  mental  and 
bodily  health  and  of  unblemished  character  and  reputation.  No  person  elected 
superintendent  of  schools  of  the  city  of  Cohoes  shall  be  removed  from  his  office 
except  for  cause,  upon  written  charges  and  specifications  thereof,  served  upon 
him,  and  after  due  trial  before  the  said  board  of  education,  and  conviction.  On 
such  trial  counsel  shall  be  allowed  such  superintendent  without  expense  to  the  city 
of  Cohoes,  and  the  corporation  counsel  shall  attend  and  act  for  the  said  board,  if 
desired.  It  shall  be  necessary  that  three  in  number  of  the  members  of  the 
board  of  education  of  the  city  of  Cohoes,  then  duly  and  legally  in  office,  shall 
concur  in  voting  for  the  removal  of  said  superintendent  before  removal  can  be 
had,  and  after  such  trial  and  conviction. 

§  206  Power  of  board.  The  said  board  of  education  shall  have  power,  and 
it  shall  be  its  duty,  upon  the  recommendation  of  the  superintendent  of  schools, 
t-o  fix  and  determine  the  dififerent  grades  of  study  which  shall  be  taught  in  the 
various  departments  of  the  several  schools  under  its  charge,  and  upon  the  like 
recommendation,  to  change  the  same  whenever  so  to  do  will  promote  the  best 
interests  of  the  schools ;  and  also  to  adopt  such  rules  and  regulations  for  the 
administration  and  government  of  the  schools,  and  for  the  admission  of  pupils 
to  the  various  departments  therein,  as  it  shall  determine,  with  authority  at  any 
time  to  alter  and  amend  the  same  as  it  may  deem  advisable. 

§  207  Pov^ers  and  duties  of  superintendent.  Said  superintendent  of  schools 
shall  have  exclusive  charge  of  all  the  teachers  employed  in  the  common  schools 
of  the  city  of  Cohoes,  and  shall  have  exclusive  power  and  authority  to  select, 
nominate,  dismiss,  transfer,  discharge,  suspend,  fine,  grade,  regrade  and  control 
all  of  said  teachers,  and,  in  his  discretion,  do  any  and  all  such  matters  and 
things  in  and  about  the  force  and  personnel  of  the  teachers  in  the  common  schools 
of  said  city  as,  in  his  judgment,  will  tend  to  improve  the  efficiency  of  said  schools 
and  the  teachers  employed  therein,  and  as  will  be  for  the  benefit  and  welfare  of 
the  pupils  in  attendance  at  such  schools.  It  shall  be  the  duty  of  said  superin- 
tendent, however,  in  so  far  as  is  practicable,  in  his  selection  and  nomination  of 
teachers,   to   select   and   nominate   the    same   solely    with    regard   to,   and    upon, 


6o  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

individual  merit,  and  all  other  things  being  equal,  to  give  preference,  in  such 
selection  and  nomination,  to  citizens  of  the  city  of  Cohoes.  Only  such  number 
of  teachers  as  may  be  fixed  and  determined  by  the  board  of  education  shall  be 
legally  selected  or  nominated  by  said  superintendent.  Only  such  teachers  as  are 
qualified  under  the  rules  and  regulations  prescribed  and  contained  in  the  Educa- 
tion Law  of  the  State  of  New  York,  or  prescribed  by  the  Superintendent  of 
Public  Instruction  of  said  State,  for  governing  the  examination  and  licensing  and 
qualification  of  teachers,  shall  hereafter  be  eligible  to  selection,  nomination  and 
employment  in  the  common  schools  of  the  city  of  Cohoes ;  provided,  however, 
that  any  teacher  now  employed  in  the  public  schools  of  said  city  shall  be  eligible 
for  such  appointment  and  employment,  and  the  superintendent  shall  prepare  and 
at  all  times  keep  a  list  of  all  persons  so  as  above  eligible  to  selection,  nomination 
and  employment,  and  selection  and  nomination  shall  be  made  by  him  from  the 
names  upon  said  list ;  and  the  person  or  persons  selected  and  nominated  shall 
forthwith  be  by  said  board  of  education  employed  as  a  teacher  or  teachers  in  the 
common  schools  of  said  city.  Should  said  board  of  education  fail,  neglect  or 
refuse  to  employ  the  teacher  or  teachers  so  selected  and  nominated  by  said  super- 
intendent, for  the  space  of  ten  days  after  said  selection  and  nomination,  in  writing, 
shall  be  filed  with  said  board,  then  and  in  that  event,  and  on  the  expiration  of 
said  period  of  ten  days,  such  written  selection  and  nomination  shall,  in  all  things 
and  to  all  intents  and  purposes,  be  equivalent  to  the  employment  by  the  said 
board  of  education  of  such  teacher  or  teachers  so  selected  and  nominated.  All 
selections  and  nominations  to  and  for  employment  as  aforesaid,  hereafter  made 
by  said  superintendent  to  the  board  of  education,  and  employment  thereunder, 
shall,  in  the  first  instance,  be  made  for  the  term  of  not  exceeding  one  year,  and 
if,  at  the  end  of  such  term,  it  is  found  by  said  superintendent  that  any  teacher  or 
teachers  thus  nominated,  selected  or  employed,  has  answered  all  necessary  re- 
quirements respecting  efficiency  and  capability,  to  his  satisfaction,  then  said 
superintendent  may  reselect  and  renominate  said  teacher  or  teachers  for  em- 
ployment by  the  board  of  education.  Thereafter  such  teacher  or  teachers  shall 
serve  during  good  behavior  and  shall  be  removable  only  for  cause,  after  a  hearing 
by  said  board  of  education,  and  by  the  affirmative  votes  of  a  majority  of  said 
board.  The  provisions  of  this  section  shall  apply  to  all  teachers  heretofore  ap- 
pointed and  now  in  the  employ  of  the  said  board  of  education.  The  present 
system  of  text  or  school  books,  now  in  use  in  the  common  schools  of  the  city  of 
Cohoes,  shall  not  be  changed  or  new  text  or  school  books  introduced,  except  upon 
the  recommendation  and  consent  of  the  superintendent  of  schools  of  said  city. 

§  208  Annual  estimate.  The  said  board  of  education  shall  annually,  on  or 
before  the  ist  day  of  December,  submit  to  the  board  of  estimate  and  apportion- 
ment of  said  city  an  itemized  estimate  and  requisition  of  and  for  the  several 
amounts  required  by  it  for  the  various  matters,  funds  and  purposes,  as  herein 
provided,  connected  with  the  maintenance  of  the  common  schools  of  said  city. 
Such  estimate  shall  be  prepared  with  the  aid  of  the  superintendent  of  schools. 
Said  board  of  estimate  and  apportionment  shall  consider  such  estimate  and  re- 
quisition, and  shall  approve  and  allow  the  same,  and   include  it   in   its   annual 


EDUCATION    CODE  6l 

estimate  to  be  submitted  to  the  common  council.  But  said  board  of  estimate 
and  apportionment  or  said  common  council  shall  have  no  power  to  limit  said 
board  of  education,  in  any  year,  to  less,  for  the  maintenance  of  the  common 
schools,  than  the  sum  stated  in  its  itemized  estimate  and  re(|uisition. 

§  209  Textbooks  and  stationery.  The  said  board  shall  have  power  at  all 
times,  upon  recommendation  of  the  superintendent  of  schools,  to  determine,  sub- 
ject to  the  provisions  of  the  law  relative  to  changes  of  textbooks  in  schools,  the 
textbooks  which  shall  be  used  in  the  several  departments  of  the  public  schools, 
and  which  shall  be  uniform,  as  near  as  may  be,  in  those  of  the  same  grade;  to 
su])ply  the  requisite  textbooks  and  stationery  for  the  use  of  indigent  pupils ;  to 
provide  the  several  schools  under  its  charge  with  the  necessary  school  apparatus, 
maps,  et  cetera,  the  expenses  thereof  to  be  defrayed  out  of  the  school  moneys  of 
tlie  city.  The  tuition  of  the  pupils  of  the  several  schools  under  the  charge  of  the 
board  shall  be  free  to  all  persons  between  the  ages  of  five  and  twenty-one  years, 
who  are  residents  of  said  city  and  entitled  to  attend  the  said  schools. 

§  210  Annual  appropriation.  The  said  board  shall  apportion,  according  to  the 
various  items,  matters  and  purposes  mentioned  in  its  said  estimate  and  requisition, 
the  amount  to  which  it  shall  be  entitled  to  the  credit  of  the  funds  as  stated  in 
said  estimate  and  give  notice,  in  writing,  to  the  comptroller  and  treasurer  of  such 
apportionment.  No  moneys  shall,  upon  any  pretext  whatever,  be  diverted  from 
one  fund  to  another,  after  the  said  apportionment  has  been  made,  provided,  how- 
ever, that  the  comptroller  and  treasurer,  by  joint  consent  thereto,  in  writing,  may 
transfer  any  available  surplus  from  any  one  of  said  funds  to  another,  upon 
request  of  the  board  of  education,  by  resolution  duly  passed,  showing,  to  the 
satisfaction  of  the  comj)troller  and  treasurer,  the  necessity  of  such  transfer.  All 
warrants  drawn  on  said  moneys  shall  specify  the  respective  funds  from  which 
the  same  are  payable.  All  moneys  apportioned  and  set  aside  for  the  use  of 
common  schools  shall  be  placed  to  the  credit  of  the  funds  as  stated  in  the  last 
annual  estimate  and  requisition. 

§  211  Additional  powers  of  board.  The  said  board  of  education  shall  have 
power,  and  it  shall  be  its  duty 

1  To  establish  and  organize  such  and  so  many  schools,  including  the  common 
schools  now  existing  therein,  as  it  shall  deem  requisite  or  expedient  and  to  alter  or 
discontinue  the  same. 

2  To  purchase  sites  for  and  to  build  or  to  lease  or  contract  for  the  occupation 
and  use  of  schoolhouses  or  rooms,  and  to  improve  the  same  as  it  shall  deem  proper. 

■3  To  alter,  improve  and  repair  schoolhouses  and  appurtenances  as  it  may  deem 
advisable;  but  no  such  alterations,  improvements  or  repairs  shall  be  upon  any 
building,  outhouse  or  appurtenances,  unless  the  same  shall  be  owned  by  the  city 
of  Cohoes,  or  duly  leased  by  the  said  board  of  education  for  a  term  of  not  less 
than  three  years. 

4  To  purchase,  exchange,  improve  and  repair  school  apparatus,  books  for 
indigent  pupils,  furniture  and  appendages,  and  to  defray  their  ordinary  contingent 
expenses 


62  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

5  To  have  the  custody  and  safe-keeping  of  the  schoolhouses,  outhouses,  books 
and  furniture,  and  to  see  that  the  ordinances  of  the  said  board  in  relation  thereto 
be  observed. 

6  To  contract  with,  Hcense  and  employ  all  teachers  in  said  schools  and  to 
remove  them. 

7  To  pay  the  wages  of  such  teachers  out  of  the  moneys  appropriated  and  pro- 
vided by  law  for  the  support  of  schools  in  said  city  so  far  as  the  same  shall  be 
sufficient;  and  the  residue  thereof  from  the  moneys  authorized  to  be  raised  for 
that  purpose  by  the  provisions  of  this  act. 

8  To  defray  the  necessary  contingent  expenses  of  said  board,  including  the 
annual  salaries  of  the  clerk  and  the  superintendent  of  the  schools,  and  the  expenses 
of  said  superintendent  of  schools  and  any  principal  or  teacher  of  such  schools 
while  attending  a  convention  when  the  same  is  authorized  by  said  board. 

9  To  have  in  all  respects  the  superintendence,  supervision  and  management  of 
the  public  schools  in  said  city,  and  from  time  to  time  to  adopt,  alter,  modify  and 
repeal  as  it  deem  expedient,  rules  and  regulations  for  their  organization,  govern- 
ment and  instruction ;  for  the  reception  of  pupils,  and  their  transfer  from  one 
school  to  another,  and  generally  for  the  promotion  of  their  good  order,  prosperity 
and  public  utility. 

10  Whenever,  in  the  opinion  of  the  said  board,  it  may  be  advisable  to  sell  any 
of  the  schoolhouses,  lots  or  sites,  or  any  of  the  school  property  now  or  hereafter 
belonging  to  the  city,  to  report  the  same  to  the  common  council. 

§  2X2  Title  of  schoolhouses.  The  title  of  the  schooUiouses,  sites,  lots,  furni- 
ture, books,  apparatus  and  appurtenances,  and  all  other  school  property  in  this 
article  mentioned  shall  be  vested  in  the  city  of  Cohoes,  and  the  same  while  used 
or  appropriated  for  school  purposes,  shall  notj^be  levied  upon  or  sold  by  virtue  of 
any  warrant  or  execution,  nor  be  subject  to  taxation  for  any  purpose  whatever; 
and  the  said  city,  in  its  corporate  capacity,  shall  be  able  to  take,  hold  and  dispose 
of  any  real  or  personal  estate  transferred  to  it  by  gift,  grant,  bequest  or  devise, 
for  the  use  of  the  public  schools  of  the  said  city,  whether  the  same  shall  be 
transferred  in  terms  to  said  city  by  its  proper  style  or  any  other  designation,  or 
to  any  person  or  persons  or  body  for  the  use  of  said  schools. 

§  213  Common  council  may  sell  school  property.  The  common  council  of 
said  city  may,  upon  the  recommendation  of  the  board  of  education,  sell  any  of  the 
schoolhouses,  lots  or  sites,  or  any  other  school  property  now  or  hereafter  belonging 
to  said  city,  upon  such  terms  as  the  said  board  of  education  may  deem  reason- 
able. The  proceeds  of  all  such  sales  shall  be  paid  to  the  treasurer  of  the  city, 
and  shall  be  by  the  said  board  of  education  again  expended  in  the  construction, 
rejiairs  or  improvements  of  schoolhouses,  public  libraries,  lots,  sites  or  school 
furniture,  apparatus  or  appurtenances. 

§  214  Ordinances  for  protection  of  property.  The  said  board  of  education 
shall  have  the  power,  and  it  shall  be  its  duty,  to  pass  such  ordinances  and  regula- 
tions as  may  be  necessary  and  proper  for  the  protection,  safe-keeping,  care  and 
preservation  of  the  schoolhouses,  lots,  sites,  appurtenances  and  appendages,  and 
all  necessary  property  belonging  to  or  connected  with  the  schools  in  said  city 


EDUCATION    CODE  63 

and  to  prevent  wilful  interruptions  or  disturbance  of  the  sessions  thereof ;  and 
to  impose  proper  penalties  for  the  violation  thereof,  subject  to  the  restrictions 
and  limitations  contained  in  the  existing  laws  relative  to  said  city,  and  all  such 
penalties  shall  be  collected  in  the  same  manner  that  the  penalties  for  the  violation 
of  the  city  ordinances  are  by  law  collected,  and  when  collected  shall  be  paid  to 
the  treasurer  of  the  said  city  and  be  subject  to  the  order  of  the  board  of  education 
in  the  same  manner  as  other  moneys  raised  pursuant  to  the  provisions  of  this 
article. 

§  215  Annual  report  to  common  council.  It  shall  be  the  duty  of  the  president 
of  the  board  of  education  within  thirty  days  after  the  close  of  the  fiscal  year  to 
make  a  report  to  the  common  council  showing: 

1  An  estimate  of  the  number  of  children  between  the  ages  of  five  and  twenty- 
one  years  residing  in  said  city  on  the  30th  day  of  June  next  preceding  said 
report :  the  number  of  scholars  between  the  ages  of  five  and  twenty-one  years 
residing  in  said  city,  who  have  attended  the  free  schools  therein  during  the 
preceding  year,  and  the  number  attending  each  school,  including  the  evening 
schools. 

2  The  number  of  scholars  not  residing  in  said  city  but  who  have  attended  the 
common  schools  therein  during  the  same  time. 

3  The  amount  of  public  moneys  received  by  the  treasurer  applicable  to  teachers' 
wages,  and  the  amount  applicable  to  school  libraries. 

4  The  amount  of  moneys  appropriated  or  set  apart  by  the  common  council  for 
the  use  of  said  schools  as  required  by  the  provisions  of  this  article,  and  the 
portions  thereof  appropriated  to  the  respective  funds. 

5  The  moneys  received  from  the  sale  of  city  property. 

6  All  other  sums  received  by  the  treasurer  and  api)ropriated  to  the  purposes  of 
the  common  schools. 

7  The  manner  and  purposes  for  which  such  sums  of  money  shall  have  been 
expended,  specifying  the  amount  paid  under  each  head  of  expenditure  and  the 
amount  remaining  unexpended,  if  any,  in  each  fund  respectively. 

§  216  Deposit  and  disbursement  of  moneys.  All  moneys  raised  by  virtue 
of  this  article  which  the  board  of  education  is  authorized  to  expend,  shall  be 
deposited  with  the  treasurer  of  the  city  to  the  credit  of  the  respective  funds  under 
the  control  of  the  board  of  education  as  provided  by  law  and  shall  be  drawn  out 
in  pursuance  of  a  resolution  of  said  board  and  audited  by  the  comptroller  as 
provided  in  this  act  for  the  payment  of  other  claims  against  the  city  of  Cohoes. 
Said  board  of  education,  in  all  its  expenditures  and  contracts,  shall  have  reference 
to  the  amount  of  moneys  which  shall  be  subject  to  its  order  for  any  specific 
object  during  the  then  current  year,  and  shall  not  exceed  the  amount  so  provided. 
In  case  any  debt  shall  be  incurred,  or  contract  made  by  said  board  of  education, 
or  any  members  thereof,  which  shall  require  the  expenditure  of  a  greater  sum 
than  shall  have  been  provided  or  appropriated  for  the  use  of  the  public  schools, 
the  city  shall  not  be  liable  for  the  same,  but  the  members  of  the  board  of  educa- 
tion voting  therefor,  or  either  of  them,  shall  be  personally  liable  therefor  to  the 
party  entitled  to  payment. 


64  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

§  217  Nonresident  pupils.  The  said  board  shall  have  power  to  allow  the 
children  of  persons  not  residents  within  the  city  to  attend  any  of  the  schools  of 
said  city,  under  the  care  and  control  of  said  board  upon  such  terms  as  the  board 
shall  by  resolution  prescribe. 

§  218  Annual  visitation  of  schools.  It  shall  be  the  duty  of  each  school  com- 
missioner to  visit  all  the  public  schools  under  the  direction  of  the  board,  at  least 
once  in  each  year,  and  the  said  board  shall  also  provide  that  each  of  said  schools 
shall  be  visited  by  a  committee  of  three  or  more  members  of  the  board  at  least 
twice  in  each  year. 

§  219  Raising  of  money  for  extraordinary  or  special  purposes.  It  shall  be 
the  duty  of  the  common  council,  upon  the  recommendation  of  the  board  of 
education,  to  take  all  necessary  proceedings  in  the  manner  provided  by  this  act, 
for  the  raising  of  money  for  extraordinary  or  special  purposes,  to  raise  money  to 
build  or  purchase  schoolhouses  or  public  libraries  and  to  purchase  and  improve 
lots  or  sites  therefor.  The  money  so  raised,  in  case  it  shall  be  voted  by  the 
taxpayers,  as  provided  by  this  act,  shall  be  paid  to  and  kept  by  the  treasurer  of 
the  city  distinct  from  other  money,  and  shall  be  controlled  and  appropriated  by 
the  board  of  education  exclusively  to  the  object  or  objects  for  which  it  shall  be 
raised ;  and  no  such  money  shall  be  appropriated  or  expended  except  by  resolution 
of  said  board. 

§  220  Contracts  for  work  and  material.  Every  contract  for  work,  materials 
and  supplies,  or  either  of  them,  to  be  performed  or  furnished  for  the  benefit  and 
use  of  said  board  of  education,  where  the  value  of  such  work,  materials  and 
supplies,  or  either  of  them,  shall  exceed,  in  any  contract,  the  sum  of  one  hundred 
dollars,  shall  be  awarded  by  said  board  to  the  lowest  bidder  therefor  who  shall 
provide  satisfactory  security  for  the  faithful  performance  of  his  duty  under  such 
contract.  Whenever  it  shall  be  necessary  for  said  board  of  education  to  receive 
bids  under  the  provisions  of  this  section,  it  shall  give  reasonable  public  notice, 
stating  the  nature  of  the  work,  materials  and  supplies,  or  either  of  them  required, 
and  specifying  the  time  and  place  at  which  such  bids  will  be  received  by  it  and 
the  security  required,  which  shall  accompany  each  bid,  but  said  board  of  educa- 
tion shall  reserve  the  right  to  reject  any  and  all  bids  presented  pursuant  to  this 
section,  when  public  interest  so  requires.  This  section  shall  not  apply  to  contracts 
for  services  of  teachers  or  of  the  superintendent  or  clerk  of  said  board  of 
education. 

§  221  Organization  of  teachers  retirement  fund.  The  president  of  the  board 
of  education,  the  mayor  and  five  teachers  of  the  public  schools  of  the  city  of 
Cohoes,  of  which  teachers  two  shall  be  school  principals,  shall  constitute  a  board 
of  trustees  who  shall  have  the  general  care  and  management  of  the  public  school 
teachers  retirement  fund  created  by  chapter  332  of  the  Laws  of  1908.  In  the 
month  of  June  following  the  passage  of  this  act,  and  in  the  same  month  in  each 
}ear  thereafter,  a  meeting  of  all  teachers,  supervisors,  superintendents  and 
principals  of  the  public  schools  of  the  city  of  Cohoes  shall  be  called  in  said  city 
by  the  superintendent  of  schools  of  the  city  of  Cohoes,  at  which  time  and  place 
two  school  principals  and  three  teachers,  then  in  active  service,  shall  be  chosen  by 


EDUCATION    CODE  65 

the  assembled  teachers,  supervisors,  superintendents  and  principals,  to  serve  for 
a  term  of  one  year  upon  the  board  of  trustees  hereinbefore  mentioned.  The 
said  board  of  trustees  is  empowered  to  make  payment  from  said  fund  of  the 
annuities  granted  in  pursuance  of  this  act ;  to  take  all  necessary  action  in  the 
premises  and  to  make  such  by-laws,  rules  and  regulations  as  may  be  necessary 
or  proper ;  and  to  provide  for  the  administration  and  investment  of  said  fund 
as  it  may  deem  best,  except  that  no  part  of  said  fund  shall  be  invested  in  any 
nianner  otherwise  than  as  the  savings  banks  of  the  State  are  permitted  by 
law  to  invest  their  funds.  All  vacancies  occurring  otherwise  than  by  expiration 
of  term  in  the  office  of  either  or  any  of  the  five  members  of  the  said  board  of 
trustees  chosen  from  the  teachers  shall  be  filled  until  the  end  of  the  official  year 
by  the  appointment  of  the  said  board  of  trustees.  In  case  any  trustee  chosen 
or  appointed  as  aforesaid  shall  cease  to  be  such  teacher  or  principal,  such  trustee- 
ship shall  at  once  become  vacant. 

§  222  Creation  of  fund.  The  public  school  teachers  retirement  fund  shall  con- 
sist of  the  following  moneys  with  interest  or  income  therefrom  to  wit: 

a  A  sum  of  money  equal  to  three  per  centum  of  the  amount  appropriated  each 
year  for  the  salaries  of  superintendents,  supervisors,  principals  and  teachers  em- 
ployed in  the  public  schools  of  the  city  of  Cohoes.  Said  sum  shall  be  taken  from 
the  excise  moneys  to  which  the  city  of  Cohoes  may  annually  be  entitled  by  virtue 
of  the  provisions  of  the  liquor  tax  law  of  the  State  of  New  York,  or  from  any 
other  source  that  the  common  council  may  direct.  Said  sum  shall  be  paid  into 
the  said  pension  fund  and  duly  credited  thereto  by  the  proper  officials  of  the 
said  city. 

b  One  per  centum  of  the  respective  salaries  paid  to  the  superintendents,  super- 
visors, principals  and  teachers  employed  in  the  public  schools  in  said  city  regularly  ; 
except  that  the  amount  deducted  from  any  one  salary  shall  not  exceed  ten  dollars 
in  any  one  year. 

c  All  forfeitures  and  deductions  of  or  from  the  salary  of  any  superintendent, 
supervisor,  principal  or  teacher  employed  in  the  public  schools  of  said  city  for 
an  absence  from  duty  for  any  excuse ;  or  in  the  case  of  the  employment  of  a  sub- 
stitute, the  excess  of  the  salary  of  the  regular  teacher,  principal,  supervisor  or 
superintendent  over  and  above  the  amount  paid  to  the  substitute.  Such  for- 
feitures, deductions  or  excesses  shall  be  paid  into  said  pension  fund  and  duly 
credited  thereto  by  the  proper  officials  of  said  city. 

d  All  donations,  legacies  and  gifts  which  shall  be  made  to  said  fund,  and  all 
moneys  which  shall  be  obtained  from  other  sources  or  by  other  means  devised  for 
the  increase  of  said  fund  by  said  board  of  trustees  or  with  their  consent. 

§  223  Collection  of  assessments.  The  board  of  education  of  the  city  of 
Cohoes  in  auditing  the  accounts  for  salaries  of  the  superintendents,  principals, 
supervisors  and  teachers  hereinbefore  mentioned  shall  deduct  from  each  and 
every  account  for  salary  said  one  per  centum  from  each  and  every  amount  pay- 
able in  the  period  covered  by  the  said  account,  and  shall  certify  the  amount  of 
said  deductions  and  the  names  of  the  persons  from  whose  salaries  said  deductions 
have  been  made ;  and  a  warrant  for  the  total  amount  of  the  deductions  so  certified 


56  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

shall  be  drawn  payable  to  the  treasurer  who  shall  retain  the  same  subject  to 
the  disposal  of  said  board  of  trustees,  as  hereinafter  provided. 

§  224  Treasurer  of  fund.  The  treasurer  of  the  city  of  Cohoes  shall  be  the 
custodian  of  said  fund  and  shall  pay  out  the  same  only  upon  warrants  signed  by 
the  president  of  the  board  of  trustees  of  said  fund  and  countersigned  by  such 
other  officers  as  may  be  provided  by  the  by-laws  of  said  board  of  trustees ;  and 
no  payment  from  said  funds  shall  be  made  except  upon  resolution  of  said  board 
passed  by  the  concurrent  vote  of  at  least  four  members. 

§  225  Retirement  of  teachers.  The  superintendent  of  schools  of  the  said 
city,  on  the  recommendation  of  said  board  of  trustees,  shall  have  the  power  to 
retire  from  service  to  become  an  annuitant  under  this  act  any  supervisor,  prin- 
cipal or  teacher  of  the  public  schools  of  said  city  who  shall  request  retirement 
and  who  shall  have  served  in  such  capacity  or  capacities  for  an  aggregate  period 
of  thirty  years,  provided  that  not  less  than  fifteen  years  of  such  service  shall 
have  been  rendered  in  the  public  schools  which  are  now  or  hereafter  may  be 
located  within  the  boundaries  of  said  city  of  Cohoes ;  or  any  such  supervisor, 
principal  or  teacher  who  is  mentally  or  physically  incapacitated  for  the  perform- 
ance of  duty,  and  who  has  been  engaged  in  the  work  of  teaching  or  supervising 
for  a  period  aggregating  twenty  years,  not  less  than  fifteen  of  which  shall 
have  been  in  the  public  schools  which  are  now  or  hereafter  may  be  located  within 
the  boundaries  of  the  said  city.  The  board  of  education  of  the  city  of  Cohoes. 
on  the  recommendation  of  said  board  of  trustees,  shall  have  the  power  to  retire 
from  service  to  become  an  annuitant  under  this  act  any  superintendent  of  schools, 
on  the  same  terms  and  conditions  as  are,  in  this  section,  made  to  apply  to  any 
supervisor,  principal  or  teacher.  Any  person  retired  after  twenty  years  of  service, 
but  with  less  than  thirty  years  of  service,  shall  receive  an  annuity  which  bears 
the  same  ratio  to  the  annuity  provided  for  a  retirement  after  thirty  years  of 
service  as  the  total  number  of  years  of  service  of  such  person  bears  to  thirty 
years. 

The  said  superintendent  of  schools  of  the  city  of  Cohoes  shall  have  power  to 
retire  from  service  to  become  an  annuitant  under  this  act  any  supervisor,  principal 
or  teacher  who  shall  have  served  in  such  capacity  or  capacities  for  an  aggregate 
period  of  forty  years,  provided  that  not  less  than  fifteen  of  such  years'  service 
shall  have  been  rendered  in  the  public  schools  which  are  now  or  may  hereafter 
be  located  in  the  boundaries  of  the  city  of  Cohoes,  and  also  provided  that  at  the 
time  of  such  retirement  the  retirement  fund  shall  be  adequate  to  pay  the  full 
annuity  to  which  such  annuitant  shall  be  entitled.  The  board  of  education  of 
the  city  of  Cohoes  shall  have  the  power  to  retire  from  service  to  become  an 
annuitant  under  this  act  any  superintendent  of  schools  on  the  same  terms  and 
conditions  as  are,  by  this  section,  made  to  apply  to  any  supervisor,  principal  or 
teacher 

§  226  Annuities.  Annuities  paid  in  pursuance  of  this  act  shall  be  one-half 
of  the  amount  of  the  annual  salary  of  the  annuitant  at  the  time  of  retirement 
from  service,  except  as  provided  in  section  225  of  this  article,  and  except  that 
no  annuity  shall  be  more  than  five  hundred  dollars;  but  if  the  moneys  at  the 


EDUCATION    CODE  6/ 

disposal  of  the  trustees  of  said  fund  be  found  at  any  time  to  be  inadequate  to 
fully  carry  out  the  provisions  hereinabove  mentioned,  the  trustees  then  shall  dis- 
tribute said  moneys  pro  rata  to  the  persons  entitled  to  participate  in  said  fund, 
and  such  distribution  shall  be  in  full  of  all  annuities  then  due. 

No  person  who  shall  retire  or  be  retired  to  become  an  annuitant  under  this 
article  shall  be  entitled  to  such  annuity  unless  and  until  such  person  shall  have 
contributed  to  the  teachers  retirement  fund  in  pursuance  of  subdivision  b 
of  section  223  of  this  act,  or  in  cash,  or  by  accumulation  of  the  annuity  to  which 
such  person  would  otherwise  be  entitled,  or  by  either  or  all  of  such  methods,  an 
amount  equal  to  at  least  twenty  per  centum  of  his  or  her  annual  salary  at  the 
time  of  retirement.  All  annuities  provided  for  by  this  act  shall  be  payable  in 
monthly  instalments. 

§  227  Return  of  money  in  case  of  dismissal.  If  at  any  time  a  superintendent, 
supervisor,  principal  or  teacher  shall  be  dismissed  for  cause  before  the  time  when 
he  or  she  would,  under  the  provisions  of  this  act,  be  entitled  to  an  annuity,  then 
said  person  shall  be  paid  back,  without  interest,  all  the  money  which  may  have 
been  deducted  from  his  or  her  salary  in  pursuance  of  subdivision  b  of  section  223 
of  this  act. 

§  228  Continuation  of  board  of  trustees  now  in  office.  The  board  of  trustees 
of  the  public  school  teachers  retirement  fund  now  in  office  shall  continue  therein 
until  their  successors  have  been  appointed,  and  all  of  the  moneys  and  funds  now 
under  the  care  and  management  of  said  board  shall  continue  to  be  under  its 
care  and  management  pursuant  to  the  provisions  of  this  act,  and  nothing  herein 
contained  shall  in  any  way  prejudice  or  interfere  with  the  rights  of  any  person 
who  has  been  granted  an  annuity  by  said  board  now  in  office,  and  any  such 
annuitant  shall  continue  to  be  entitled  to  the  annuity  directed  to  be  paid  by 
said  board. 

§  229  Terms  of  present  appointive  officers  of  board  of  education  to  con- 
tinue. The  terms  of  the  office  of  the  superintendent  of  schools,  the  clerk  of  the 
board  of  education,  and  all  persons  holding  either  of  the  positions  of  truant 
officer  or  janitor,  or  employed  by  the  board  of  education,  in  either  said  office 
or  employment,  when  this  act  takes  effect,  shall  continue  under  this  act  and 
subject  to  its  provisions  until  legally  removed  and  their  successor  or  successors 
have  been  duly  appointed  or  chosen,  and  qualified. 

-ARTICLE   II 

OFFICERS  AND  ELECTIONS 

§  5  Officers  enumerated.  The  officers  of  the  city  shall  be  .  .  .  five  school 
commissioners,  who  shall  be  the  members  of  the  board  of  education,    .    .    . 

§  7  Appointive   officers.     There   shall   be  ap])ointed  by  the   mayor    .    .    . 
five  school  commissioners,  who  shall  be  members  of  the  board  of  education,    .    .    . 

§  8  Qualifications.  Every  person  elected  or  appointed  to  office  must  be  an 
elector  of  the  city,  except  the  superintendent  of  public  schools,  commissioner  of 
public  works,  and  the  city  engineer.  .  .  .  If  an  officer  ceases  to  be  a  resident 
of  the  city,  or  if  a  supervisor  or  an  alderman  ceases  to  be  a  resident  of  the  ward 


68  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

from  which  he  is  elected,  his  office  thereupon  shall  become  vacant.  No  person 
shall  at  any  time  hold  more  than  one  office  in  the  city  except  as  provided  in  this 
act;  upon  his  acceptance  of  a  second  office,  the  first  shall  become  vacant. 

§  II  Certificate  of  appointment.  Every  appointment  to  a  city  office  must  be 
made  by  a  certificate  in  writing  signed  by  the  appointing  officer,  or  if  made  by 
a  board,  by  the  presiding  officer  thereof,  and  filed  in  the  office  of  the  city  clerk. 

§   12  Official  oath  and  undertaking.     Before  entering  upon  his  duties,  any 
officer  must  take  and  file  with  the  city  clerk  the  constitutional  oath  of  office, 
except  the  city  clerk  shall  take  and  file  his  oath  of  office  with  the  mayor.    .     .     . 
§  13  Restrictions;    officers  not   to  be  interested   in   contracts.     No  person 
shall,  at  the  same  time,  hold  more  than  one  city  office.    Upon  the  acceptance  by  a 
city  officer  of  a  second  city  office  the  office  first  held  by  him  shall  thereupon  become 
vacant.     No  member  of  the  common  council  or  other  officer  or  employee  of  the 
city,  or  person  receiving  a  salary  or  compensation  from  funds  appropriated  by 
the  city,  shall  be  interested  directly  or  indirectly  in  any  contract  to  which  the 
city  is  a  party,  either  as  principal,  surety  or  otherwise ;  nor  shall  any  such  member 
of  the  common  council,  city  officer  or  employee  or  person,  or  his  partner,  or  any 
agent,  servant  or  employee  of  such  officer,  employee  or  person  or  of  the  firm  of 
which  he  is  a  partner,  purchase  from  or  sell  to  the  city,  or  any  officer  thereof, 
any  real  or  personal  property   for  the  use  of  the  city,  or  any  board  or  officer 
thereof,  nor  shall   he  be   interested,   directly  or  indirectly,   in   any   work  to  be 
performed  for,  or  services  rendered  to  or  for  it,  or  in  any  sale  to  or  from  said 
city,   or  to  any  officer,  board  or  person   in  its  behalf.     Any  contract  made  in 
violation  of  any  of  these  provisions  shall  be  void.     A  person  shall  not  be  deemed 
to  be  interested  in  a  contract,  purchase  or  sale  made  by  a  corporation  with,  from 
or  to  the  city  solely  by  reason  of  the  fact  that  he  is  a  stockholder  of  such  cor- 
poration.   The  term  "  city  officer  "  as  used  herein,  however,  shall  not  be  deemed 
to  include  a  commissioner  of  deeds. 

§  15  Resignations.  Resignations  of  elective  officers  must  be  presented  to  the 
mayor,  and  of  all  other  officers  to  the  appointing  board  or  officer,  and  sucli 
resignations  must  thereupon  be  filed  in  the  office  of  the  city  clerk. 


§  98  Temporary  loans.  In  the  interval  between  the  beginning  of  the  fiscal 
year  and  the  adoption  of  the  annual  estimate  the  city  shall  have  the  power  to 
borrow  money  to  the  extent  required  to  pay  fixed  salaries,  the  principal  and 
interest  on  bonded  or  funded  debts  or  other  loans,  the  stated  compensation  of 
officers  and  employees  and  indebtedness  for  work  performed  or  materials  fur- 
nished under  contract  with  the  board  of  contract  and  supply,  and  such  amount 
as  shall  be  certified  to  it  by  the  board  of  education  to  be  necessary  for  the  use 
of  the  common  schools  of  the  city.  After  the  adoption  of  said  annual  estimate 
it  shall  have  the  power  to  borrow  money  for  the  payment  of  the  debts  and 
expenses  of  the  city  within  the  amounts  appropriated  therefor  for  the  fiscal 
year,  in  anticipation  of  the  receipt  of  the  said  taxes  and  revenues  applicable  to 
such  purposes.     The  common  council  may  provide  for  the  issue  of  certificates 


EDUCATION    CODE  69 

of  indebtedness  or  revenue  bonds,  to  be  signed  by  the  mayor  and  treasurer  and 
countersigned  by  the  comptroller,  for  such  purposes.  Such  certificates  or  bonds, 
together  with  interest  thereon  to  date  of  maturity,  shall  be  paid  out  of  the  moneys 
received  on  account  of  taxes  and  revenues  applicable  to  such  purposes.  All  the 
provisions  of  this  section  shall  apply  to  the  interval  between  the  fifteenth  day  of 
November,  191 5  and  the  first  day  of  January,  1916,  and  the  amount  borrowed 
for  payments  made  during  such  period  shall  be  added  to  the  annual  estimate  for 
the  year  1916  and  inserted  therein  as  an  extraordinary  item. 


CORNING 

Chapter  298,  Laws  of  1859 

An  act  to  encourage  and  promote  education  in  the  village  of  Corning^ 

Section  i  The  trustees  of  school  district  number  9,  in  the  town  of  Corning, 
county  of  Steuben,  shall  constitute  a  board  to  be  styled  the  board  of  education  of 
the  village  of  Corning,  which  shall  be  a  corporate  body,  with  a  seal,  in  relation  to 
all  the  powers  and  duties  conferred  upon  them  by  this  act,  and  shall  be  elected 
from  time  to  time  as  now  provided  by  law.  A  majority  of  the  board  shall  con- 
stitute a  quorum.  The  first  meeting  of  said  board  shall  be  held  on  the  second 
Wednesday  of  May,  1859;  and  the  annual  meetings  of  said  board,  in  each  year 
thereafter,  shall  be  held  on  the  first  Tuesday  in  October  in  each  year.  At  the 
first  meeting  of  the  board,  and  annually  thereafter,  at  the  annual  meeting,  they 
shall  elect  one  of  their  number  president  of  the  board,  and  whenever  he  shall 
be  absent,  a  president  pro  tempore  may  be  appointed.  The  said  trustees  shall 
receive  no  compensation  for  their  services,  nor  shall  they  be  interested,  directly 
or  indirectly,  in  any  contract  for  building  or  for  making  any  improvements  or 
repairs  provided  for  by  this  act. 

§  2  The  said  trustees  shall  meet  for  the  transaction  of  business  as  often  as 
once  in  each  month,  and  may  adjourn  for  any  shorter  time.  Special  meetings 
may  be  called  by  the  president,  or  in  his  absence  or  inability  to  act,  by  any  mem- 
ber of  the  board,  as  often  as  necessary,  by  giving  personal  notice  to  each  mem- 
ber of  the  board,  or  by  causing  written  or  printed  notice  to  be  left  at  his  last  place 
of  residence,  at  least  twenty-four  hours  before  the  hour  for  such  special  meeting. 

§  3  The  said  trustees  shall  appoint  a  secretary  and  treasurer,  who  shall  hold 
their  offices  during  the  pleasure  of  the  board,  and  whose  compensation  shall  be 
fixed  by  the  board.  The  said  secretary  shall  keep  a  record  of  the  proceedings 
of  the  board,  and  perform  such  other  duties  as  the  board  may  prescribe.  The 
said  record,  or  transcript  thereof  certified  by  the  secretary,  shall  be  viewed  in  all 
courts  as  prima  facie  evidence  of  the  facts  therein  set  forth,  and  such  record, 
and  all  the  books,  accounts,  vouchers,  and  papers  of  said  board,  shall  at  all  times 
be  subject  to  the  inspection  of  the  people  of  the  district. 

§  4  The  trustees  aforesaid  shall  have  power,  and  it  shall  be  their  duty,  to  raise 
from  time  to  time,  by  tax  to  be  levied  upon  all  the  real  and  personal  estate  in 
said  district  which  shall  be  liable  to  taxation,  as  provided  for  by  law  for  school 
purposes,  as  the  board  of  education  shall  deem  to  be  necessary  and  proper  for 
any  and  all  of  the  following  purposes : 

I  To  purchase,  lease,  or  improve  sites  for  schoolhouscs  or  sites  with  buildings 
thereon  for  the  same  purpose. 

^School  district  no.  9  of  the  town  of  Corning  includes  that  part  of  the  city  of  Corning  lying 
south  of  the  Chemung  river  and  is  organized  under  L.  1859,  ch.  298,  here  given,  that  part  of  the 
city  lying  north  of  the  Chemung  ri  /er  is  included  in  school  district  no.  13  of  the  town  of  Corn- 
ing and  is  organized  under  the  general  law. 

[70] 


EDUCATION    CODE 


71 


2  To  build,  purchase,  lease,  enlarge,  alter,  improve  and  repair  schoolhouses 
and  their  outhouses  and  appurtenances. 

3  To  purchase,  exchange,  improve  and  repair  school  apparatus,  books,  furniture 
and  appendages,  but  the  power  herein  granted  shall  not  be  deemed  to  authorize 
the  furnishing  with  class  or  textbooks  any  scholar  whose  parents  or  guardians 
shall  be  able  to  furnish  the  same. 

4  To  procure  fuel,  and  defray  the  contingent  expenses  of  the  common  schools, 
including  the  academical  department  therein,  and  the  expenses  of  the  school 
library  of  said  district,  and  the  necessary  expenses  of  said  board,  including  the 
salary  of  the  secretary  of  the  board,  and  the  compensation  allowed  the  librarian 
and  treasurer. 

5  To  pay  teachers'  wages  after  the  application  of  public  moneys  which  may 
by  law  be  appropriated  and  provided  for  that  purpose. 

6  The  amount  raised  for  teachers'  wages  and  contingent  expenses  shall  not 
be  less  than  twice  nor  more  than  six  times  the  amount  appropriated  to  said  dis- 
trict, from  the  common  school  fund  of  the  State  during  the  previous  year,  nor 
shall  there  be  raised  in  any  one  year  for  buying  sites,  or  sites  with  buildings 
thereon,  erecting  and  repairing  schoolhouses  and  the  appurtenances,  a  sum  ex- 
ceeding two  thousand  dollars,  except  as  herein  otherwise  provided  for.  And 
the  board  of  education  are  authorized  and  directed,  when  necessary,  to  borrow, 
in  anticipation,  the  amount  of  taxes  so  to  be  raised,  collected  and  levied  as  afore- 
said, and  to  give  the  bonds  of  the  district,  signed  by  the  president  of  the  board 
of  education  and  under  the  seal  of  the  district,  as  security  for  the  repayment  of 
the  moneys  so  borrowed. 

§  5  All  moneys  required  to  be  raised  pursuant  to  the  provisions  of  this  act,  and 
all  school  moneys  by  law  appropriated  to  or  provided  for  said  district,  whether 
from  the  school  or  literature  funds,  or  under  the  act  to  establish  free  schools 
throughout  the  State,  or  otherwise,  shall  be  paid  to  the  treasurer  of  said  district, 
who,  together  with  the  sureties  on  his  official  bond,  shall  be  accountable  therefor 
in  the  same  manner  as  the  treasurer  of  the  county  of  Steuben  is  for  moneys 
which  come  into  his  hands,  and  shall  be  liable  to  the  same  penalties  for  official 
misconduct. 

§  6  The  treasurer  shall  pay  out  the  moneys  authorized  by  this  act,  to  be  re- 
ceived by  him,  upon  drafts  drawn  by  the  president,  and  countersigned  by  the 
secretary  of  said  board  of  education,  which  drafts  shall  not  be  drawn,  except  in 
pursuance  of  a  resolution  or  resolutions  of  said  board,  and  shall  be  made  pay- 
able to  the  person  or  persons  entitled  to  receive  the  same. 

§  7  The  said  board  shall  have  power,  and  it  shall  be  their  duty : 

1  To  organize  and  establish  such  and  so  many  common  schools  in  said  district 
as  they  may  deem  requisite  and  expedient,  and  to  alter  and  discontinue  the  same ; 
but  nothing  in  this  act  contained  shall  authorize  said  board  of  education  to  sup- 
port or  contribute  any  moneys  belonging  to  said  district  to  the  support  of  any 
parochial  or  church  school  in  said  district.     (As  amended  by  L.  1868,  ch.  82.) 

2  To  purchase  and  hire  schoolrooms  or  houses,  lots  or  sites  for  schoolhouses. 


/^ 


THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 


or  sites  with  buildings  thereon,  to  be  used  as  schoolhouses,  and  to  fence  and  im- 
prove such  sites  as  they  may  deem  proper. 

3  Upon  such  lots,  and  upon  such  sites  owned  by  said  district,  to  build,  enlarge, 
alter,  improve  and  repair  schoolhouses  and  appurtenances  as  they  may  deem  ad- 
visable. 

4  To  have  the  custody  and  safekeeping  of  the  schoolhouses,  outhouses,  books, 
furniture  and  appurtenances,  and  to  see  that  their  ordinances  in  relation  thereto 
are  observed. 

5  To  contract  with,  license  and  employ  all  teachers  in  said  schools,  and  the 
academical  department  therein,  and  at  their  pleasure  to  remove  them. 

6  To  pay  the  wages  of  the  teachers  in  said  schools,  out  of  the  moneys  appro- 
priated and  provided  by  law  for  the  support  of  common  schools  in  said  district, 
and  the  wages  of  the  teachers  of  the  academical  department  out  of  the  moneys 
appropriated  to  said  department,  from  the  income  of  the  literature  and  United 
States  deposit  funds,  so  far  as  the  same  shall  be  sufihcient,  and  the  residue  of  the 
wages  of  the  teachers  in  said  schools  and  academical  department,  from  the 
moneys  authorized  to  be  raised  for  that  purpose,  by  section  4  of  this  act,  by 
tax  upon  said  district. 

7  To  defray  the  contingent  expenses  of  the  said  common  schools  and  academ- 
ical departments,  and  the  expenses  of  the  school  library  of  said  district,  and  the 
necessary  and  contingent  expenses  of  the  board,  including  the  annual  salary  of 
the  secretary  and  treasurer,  and  librarian. 

8  The  said  board  to  have  in  all  respects  the  superintendence,  supervision  and 
management  of  the  common  schools  of  said  district,  and  from  time  to  time  to 
adopt,  alter,  modify  and  repeal,  as  they  may  deem  expedient,  rules  and  regula- 
tions for  their  organization,  government  and  instruction,  or  the  reception  of 
pupils,  and  their  transfer  from  one  school  to  another,  and  generally  for  their 
good  order,  prosperity  and  utility ;  and  to  have  power  to  establish  in  said  schools 
an  academical  department,  to  receive  into  said  schools  or  academical  department 
pupils  residing  out  of  said  district,  and  to  regulate  and  establish  the  tutition  fees  of 
such  nonresident  pupils  in  the  several  departments  of  said  schools,  and  in  such 
academical  department,  and  to  collect  such  fees  in  the  name  of  said  district.  To 
regulate  the  transfer  of  scholars  from  the  primary  to  the  academical  department, 
to  direct  what  textbooks  shall  be  used  in  said  schools  and  academical  department, 
to  provide  and  keep  in  repair  school  apparatus,  books  for  indigent  pupils,  furni- 
ture and  appendages,  fuel  and  other  necessaries  for  the  schools  and  academical 
department. 

9  To  sell,  whenever  in  their  opinion  it  may  be^advisable,  any  of  the  school- 
houses,  lots  or  sites  and  appurtenances,  or  any  of  the  school  property  now  or 
hereafter  belonging  to  the  said  district.  Sucli  sale  shall  in  no  case  be  made, 
however,  unless  a  petition  setting  forth  the  necessity  or  expediency  thereof  shall 
first  be  presented  by  said  board,  to  the  county  court  of  Steuben  county,  and  an 
order  authorizing  such  sales,  and  specifying  the  terms  and  conditions  th'^reof, 
shall  be  granted  by  said  court.     All  moneys  arising  from  such  sale  shall  b^^  paid 


EDUCATION    CODE  73 

to  the  treasurer  of  the  district,  and  all  securities  taken  on  account  of  any  such 
sale  or  sales  shall  be  made  payable  to  him. 

10  To  prepare  and  report  to  the  trustees  of  the  village  of  Corning,  such 
ordinances  and  regulations  as  may  be  necessary  and  proper,  for  the  protection, 
safekeeping,  care  and  preservation  of  schoolhouses,  lots  and  sites,  and  appur- 
tenances, and  all  the  property  belonging  to  the  district,  and  to  suggest  proper 
penalties  for  the  violation  of  such  ordinances  and  regulations. 

11  To  make  and  transmit  to  the  county  clerk,  or  such  other  officer  as  may  be 
designated  by  law,  a  report  in  writing,  bearing  date  the  first  day  of  October,  in 
the  year  of  its  transmission,  and  stating: 

1  The  number  of  schoolhouses  in  said  district,  and  an  account  and  descrip- 
tion of  all  common  schools  kept  in  said  district  during  the  preceding  year,  and 
the  time  they  have  been  severally  taught. 

2  The  number  of  children  taught  in  said  schools  respectively,  and  the  number 
of  children  over  the  age  of  4  years,  and  under  the  age  of  21  years,  residing  in 
said  district  on  the  last  day  of  September  in  each  year. 

3  The  whole  amount  of  school  moneys  received  by  the  treasurer  of  said  dis- 
trict during  the  preceding  year,  distinguishing  the  amount  received  from  a  tax 
on  the  district,  and  from  other  sources. 

4  The  manner  in  which  such  moneys  have  been  expended,  and  whether  any 
and  what  part  remains  unexpended,  and  for  what  cause. 

5  The  amount  of  moneys  received  for  tuition  fees  from  foreign  pupils  during 
the  year,  and  the  amount  paid  for  teachers'  wages,  in  addition  to  the  public 
moneys,  and  with  such  additional  information  relating  to  the  common  schools 
of  the  district  as  may,  from  time  to  time,  be  required  from  the  State  Superin- 
tendent of  Common  Schools. 

§  8  The  board  of  education  shall  provide  that  each  school  shall  be  visited  by 
a  committee  of  one  or  more  of  their  number,  at  least  once  in  each  term. 

§  9  Every  academical  department  to  be  established  as  aforesaid,  shall  be 
under  the  visitation  of  the  Regents  of  the  University,  and  shall  be  subject  to  its 
course  of  education,  and  matters  pertaining  thereto  (but  not  in  reference  to  the 
buildings  or  erections  in  which  the  same  is  conducted,  unless  in  case  the  build- 
ings or  erections  aforesaid  are  separate  from  those  of  the  common  school  de- 
partment), to  all  the  regulations  made  in  regard  to  academies  by  the  said  Re- 
gents ;  and  in  such  department  the  qualifications  for  the  entrance  of  any  pupil 
shall  be  the  same  as  those  established  by  the  said  Regents,  for  admission  into 
any  academy  of  the  State  under  their  supervision ;  and  such  academical  depart- 
ments shall  share  in  the  distribution  of  the  income  of  the  literature  fund,  and  of 
the  income  of  the  United  States  deposit  fund,  with  academies  in  the  State  sub- 
ject to  the  visitation  of  tTie  Regents  of  the  University. 

§  10  It  is  hereby  provided,  that  in  case  the  board  of  education  shall  deem  it 
expedient  to  erect  a  building  for  an  academy  in  said  district,  they  shall  submit 
the  question  to  a  vote  of  the  taxpayers  of  the  district,  at  the  annual  meeting, 
or  at  a  special  meeting  called   for  that  purpose,  specifying  the  amount  to  be 


74  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

raised  and  the  manner  of  raising  it,  which  vote  shall  be  taken  by  ballot,  and  if  a 
majority  of  the  persons  voting  shall  be  in  favor  of  the  propositions  of  the  board 
of  education,  then  they  shall  have  power  to  raise  the  sum  of  money  voted  for 
that  purpose,  by  a  tax  upon  the  real  and  personal  property  in  said  district,  which 
shall  be  liable  to  taxation  for  town  and  county  charges,  in  like  manner  as  other 
taxes  are  raised  in  said  district;  and  the  board  of  education  are  authorized  and 
directed,  when  necessary,  to  borrow,  in  anticipation,  the  amount  of  taxes  to  be 
raised,  collected  and  levied  as  aforesaid,  and  to  give  the  bonds  of  the  district, 
signed  by  the  president  of  the  board  of  education,  and  under  the  seal  of  the  dis- 
trict, as  security  for  the  repayment  of  the  moneys  so  borrowed.  The  moneys 
to  be  raised  and  paid  in  annual  instalments  or  otherwise,  as  the  board  shall 
deem  expedient. 

§  1 1  This  act  shall  extend  over  and  be  applicable  to  all  the  territory  lying 
within  the  bounds  of  district  number  9,  of  the  town  of  Corning;  and  the  office  of 
county  or  district  superintendent  of  common  schools,  so  far  as  is  applicable  to 
the  said  district,  is  hereby  abolished. 

§  12  There  shall  be  six  trustees  in  said  school  district  number  9,  who  shall 
be  divided  into  three  several  classes,  the  first  class  to  hold  until  one,  the  second 
until  two,  and  the  third  until  three  years,  from  the  second  Tuesday  of  October 
last  past;  and  after  the  first  election  of  trustees  under  this  amended  act  two 
trustees  shall  be  elected,  in  the  manner  now  provided  by  law,  at  the  annual  meet- 
ing of  said  district  in  each  year,  and  shall  hold  their  office  for  the  term  of  three 
years  each.     {As  added  by  L.  1868,  ch.  82.) 

§  13  There  shall  be  a  special  school  meeting  held  at  the  schoolhouse  in  said 
district,  on  the  first  Tuesday  of  May  next,  at  half  past  seven  o'clock  p.  m.,  of 
that  day,  to  elect  the  three  additional  trustees  required  by  this  act,  and  the  clerk 
of  said  district  shall  give  the  same  notice  of  said  special  meeting  now  required 
by  law  for  an  annual  meeting,  and  at  said  special  meeting  the  electors  of  said 
district  shall  elect  three  trustees,  for  one,  two  and  three  years  respectively,  from 
the  second  Tuesday  of  October  last  past,  and  shall  designate  by  their  votes  for 
which  term  each  is  elected ;  and  said  trustees  so  elected,  together  with  the  trus- 
tees of  said  district  now  in  office  and  their  successors  shall  constitute  the  board 
of  education  of  the  village  of  Corning.  (As  added  by  L.  1868,  ch.  82  and 
amended  by  L.  1868,  ch.  312.) 

§  14  This  act  shall  take  effect  immediately,  and  all  acts  and  parts  of  acts  in- 
consistent with  the  provisions  of  this  act,  are  hereby  repealed.  (As  amended  by 
L.  1868,  ch.  82.) 


CORTLAND 

Chapter  i6o,  Laws  of  1900 
An  act  to  incorporate  the  city  of  Cortland 

TITLE   IX 

DEPARTMENT  OF  PUBLIC  INSTRUCTION 
Section   150  Cky.  permanent  school  district 

151  Board  of  education 

152  District  board  continued  a  city  board;  succession  of  property  and  obligations 

153  Appointment  of  members  of  the  board  of  education  and  organization  of  board 

154  Superintendent  of  schools 

155  General  powers  and  duties  of  president 

156  Clerk  and  his  general  duties 

157  General  powers  of  the  board  of  education 

158  Powers  of  board  of  education  to  raise  tax  for  support  of  schools 

159  Payment  of  funds  to  chamberlain 

160  Powers  of  board   of   education   to  purchase   sites  or   addition   to   any   site   or 

erect  or  enlarge  any  school  building 

161  Annual  report  of  board  of  education 

162  State  Superintendent  of  Public  Instruction  to  apportion  State  moneys 

163  Common  council  shall  pass  ordinance  for  protection  of  school  property 

164  Charges  of  misconduct  or  neglect  of  duty  of  any  member  of  board  of  education 

165  Report  of  superintendent  of  schools 

166  District  a  union  free  school  district 

Section  150  City,  permanent  school  district.  The  said  city  shall  form  a 
permanent  school  district  and  shall  not  be  subject  to  alteration  by  the  district 
school  commissioner  of  common  schools.  Such  district  shall  be  entitled  to  all 
the  rights,  powers,  privileges,  public  moneys  and  other  benefits  conferred  upon 
school  districts  by  law  or  other  State  authority,  and  shall,  except  as  otherwise 
provided  in  this  act,  be  subject  to  all  the  rules,  regulations,  powers  of  inspection 
and  superintendence  prescribed  by  law  applicable  to  school  districts  in  cities. 

§  151  Board  of  education.  The  affairs  of  said  school  district  of  the  city  of 
Cortland  shall  be  managed  by  a  board  of  nine  members  to  be  appointed  in  the 
manner  provided  in  this  act,  which  board  shall  be  known  and  designated  as  the 
"  Board  of  education  of  the  city  of  Cortland."  Said  board  and  its  successors 
shall  possess  all  the  powers  conferred,  and  discharge  all  the  duties  imposed  by 
this  act,  or  by  any  general  law  of  this  State  relating  to  school  districts  in  cities, 
or  relating  to  boards  of  education  of  such  districts,  and  not  inconsistent  with 
the  provisions  of  this  act.     (As  amended  by  L.  igoi,  ch.  iq6.) 

§  152  District  board  continued  as  city  board:  succession  to  property  and 
obligations.  The  present  members  of  the  board  of  education  of  union  free  school 
district  number  i  of  the  village  of  Cortland.  New  York,  shall  constitute  the 
board  of  education  of  said  city  and  shall  be  members  of  such  board  until  their 
successors  are  elected  and  qualified  as  provided  in  this  act,  and  the  title  to  all 


76  THE    UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

real  estate  and  personal  property  now  belonging  to  said  union  free  school  dis- 
trict is  hereby  vested  in  the  board  of  education  of  the  city  of  Cortland,  and  all 
moneys  and  funds  belonging  to  said  district  shall  be  paid  over  and  delivered 
to  the  chamberlain  of  said  city  and  credited  by  him  to  the  school  fund  of  said 
city.  All  the  rights,  powers,  privileges,  contracts,  obligations  and  liabilities  of 
said  union  free  school  district  are  hereby  transferred  to,  vested  in  and  imposed 
upon  said  board  of  education  of  the  city  of  Cortland  as  hereby  created ;  and  the 
rights  and  privileges  of  all  persons  that  may  have  arisen  or  accrued  prior  to  the 
passage  of  this  act  shall  remain  and  be  enforced  by  or  against  the  board  of  edu- 
cation of  the  city  of  Cortland,  and  its  successors,  in  the  same  manner  and  with 
like  effect  as  the  same  might  have  been  enforced  by  or  against  the  board  of 
education  of  union  free  school  district  number  i  of  the  village  of  Cortland,  if 
this  act  had  not  been  passed;  subject,  however,  to  the  provisions  of  this  act. 

§  153  Appointment  of  members  of  the  board  of  education  and  organization 
of  board.  On  or  before  the  15th  day  of  January,  1901,  the  mayor  of  said  city 
shall  appoint  nine  members  of  the  board  of  education  as  follows :  Three  mem- 
bers for  a  term  of  three  years,  three  for  a  term  of  two  years,  and  three  for  a 
term  of  one  year,  and  in  each  year  thereafter  the  mayor  of  said  city  shall  ap- 
point three  members  of  the  board  of  education  in  place  of  those  whose  term  of 
office  expires.  The  said  members  of  the  board  of  education  shall  on  the  first 
meeting  in  February  in  each  year  elect  one  of  their  members  as  president  who 
shall  hold  said  office  for  the  ensuing  year. 

§  154  Superintendent  of  schools.  The  said  board  of  education,  on  the  first 
Tuesday  of  May  subsequent  to  the  passage  of  this  act,  and  in  each  third  year 
thereafter,  shall  appoint  a  superintendent  of  schools  for  the  term  of  three 
years ;  such  superintendent  shall  be  under  the  direction  of  the  said  board 
of  education,  which  shall  prescribe  his  powers  and  duties ;  he  shall  be  paid  from 
the  teachers'  fund  a  salary,  to  be  fixed  by  the  board  of  education.  Whenever 
such  superintendent  shall  be  appointed  the  said  school  district  shall  be  entitled  to 
the  benefits  of  the  provisions  of  section  5  of  title  2  of  article  1  of  chapter  556 
of  the  Laws  of  1894. 

§  155  General  powers  and  duties  of  president.  The  president  of  the  board 
of  education  shall  preside  over  meetings  of  the  board  when  present,  and  per- 
form such  executive  acts  and  duties  as  is  required  by  this  act  and  general  laws, 
and  such  other  lawful  business  as  shall  be  given  him  or  her  in  charge  by  said 
board. 

§  156  Clerk  and  his  qualifications.  The  superintendent  of  schools  shall  be 
clerk  of  the  board  of  education,  and  shall  act  as  secretary  and  keep  the  minutes 
of  said  board,  and  shall  perform  such  other  duties  as  may  be  required  by  this 
act  and  the  general  school  laws  of  the  State,  and  such  other  duties  as  the  board 
may  prescribe. 

§  157  General  powers  of  the  board  of  education.  Subject  to  the  provisions 
of  this  act  and  of  the  general  Consolidated  School  Taws,  the  board  of  education 
of  the  city  of  Cortland  shall  have  power  and  it  shall  be  its  duty : 

I  To  establish  and  organize  in  said  city  such  and  so  many  free  schools  as 


EDUCATION    CODE  ^^ 

said  board  shall  deem  requisite  and  expedient,  and  to  change  or  discontinue  the 
same  at  its  discretion. 

2  To  alter,  improve  and  repair  schoolhouses  and  appurtenances,  as  it  may 
deem  advisable. 

3  To  purchase,  sell  or  exchange,  improve  and  repair  school  apparatus,  books, 
furniture  and  appendages  and  to  defray  the  necessary-  expenses  attending  the 
same. 

4  To  have  the  custody  and  safekeeping  of  the  school  buildings,  lots,  outhouses, 
books,  furniture  and  appendages  and  to  see  that  the  ordinances  and  by-laws  of 
said  city  in  regard  thereto,  are  enforced,  and  any  violation  thereof  punished. 

5  To  contract  with  and  employ  all  necessary  teachers  for  the  schools  of  the 
city  under  such  conditions,  rules  and  regulations  as  may  be  established  by  the 
board,  provided  that  such  rules  and  regulations  are  in  accord  with  the  general 
school  laws  of  the  State  and  the  rules  and  regulations  established  by  the  Depart- 
ment of  Public  Instruction  of  the  State. 

6  To  pay  the  salaries  of  superintendent  of  schools  and  teachers  out  of  any 
moneys  appropriated  or  provided  by  laws  for  that  purpose. 

7  To  defray  the  necessary  expenses  of  the  board  and  district,  including  the 
wages  of  janitors  and  other  assistants  and  employees  and  incidental  expenses. 

8  To  expend  all  moneys,  raised  by  virtue  of  this  act,  for  purchasing  sites, 
erecting  or  enlarging  schoolhouses,  or  for  other  purposes,  in  such  a  manner  as 
may  be  deemed  advisable,  but  only  for  the  purposes  for  which  the  same  was 
raised. 

9  To  license,  upon  the  recommendation  of  the  superintendent  of  public  in- 
struction of  said  city,  all  teachers  employed  in  the  schools  of  the  city,  in  the 
same  manner  and  with  like  effect  in  said  city  as  school  commissioners  of  counties, 
and  to  fix  the  grade  of  State  license  of  teachers  that  shall  be  accepted  as  the 
minimum  requirement  for  teachers  in  said  city. 

10  To  take  and  appropriate  lands  and  other  real  property  within  said  city 
for  school  purposes,  upon  making  compensation  therefor  in  the  same  manner 
and  under  the  same  proceedings  as  prescribed  in  this  act,  and  as  conferred  upon 
the  board  of  public  works  for  opening  of  streets  and  highways. 

11  To  have,  to  the  exclusion  of  all  boards  and  officers,  except  the  Superin- 
tendent of  Public  Instruction  and  the  Regents  of  the  University  of  this  State, 
the  entire  supervision  and  management  of  the  schools  of  said  city ;  from  time  to 
time,  to  adopt,  alter,  modify,  or  repeal,  as  it  may  deem  expedient,  rules  and 
regulations  for  its  organization,  government,  and  instruction  for  the  reception 
of  pupils  and  their  transfer  from  one  schoolroom  or  schoolhouse  to  another,  for 
their  advancement  from  class  to  class  as  their  degree  of  scholarship  shall  war- 
rant, and  generally  to  promote  the  good  order,  efficiency  and  prosperity  of  all 
the  schools  of  the  city. 

12  To  allow  the  children  or  persons  nonresident  within  the  city  to  attend 
any  of  the  schools  therein  under  the  control  of  the  said  board,  upon  such  terms 
as  said  board  may,  by  resolution,  prescribe. 

13  To  establish  and  maintain  a  city  school  librar>'  and  provide  suitable  rooms 


yS  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

for  the  use  of  the  same;  to  exercise  the  same  discretion  as  to  the  disposition  of 
the  moneys  provided  by  law  for  the  purchase  of  Hbraries  as  is  conferred  upon 
the  inhabitants  of  school  districts. 

14  Other  than  as  provided  by  this  act,  to  exercise  all  the  powers  conferred 
upon  the  inhabitants  of  school  districts  at  school  district  meetings. 

15  Other  than  as  provided  in  this  act,  to  exercise  all  the  powers  conferred 
and  all  the  duties  imposed  by  the  general  laws  of  the  State  applicable  to  boards 
of  education  in  cities.  The  records  of  the  proceedings  of  said  board,  or  a  tran- 
script thereof,  certified  by  its  president  and  clerk,  shall  be  received  in  all  courts 
or  places  as  prima  facie  evidence  of  the  facts  therein  stated. 

§  158  Powers  of  board  of  education  to  raise  tax  for  support  of  schools. 
On  or  before  the  15th  day  of  October  in  each  year,  the  said  board  of  education 
shall  prepare  a  statement  of  such  sums  of  money  as  it  shall  deem  necessary  dur- 
ing the  fiscal  year  commencing  with  the  ist  day  of  January  next  ensuing  for 
each  of  the  following  purposes: 

1  For  wages  of  superintendent  and  teachers,  after  applying  such  of  the  public 
school  and  other  moneys  as  may  be  applicable  thereto. 

2  For  the  maintenance  of  a  high  school,  if  one  shall  have  been  established, 
and  the  payment  of  the  teachers  thereof  after  applying  such  of  the  public  school 
and  other  moneys  as  may  be  applicable  thereto. 

3  For  the  repair  of  schoolhouses,  outhouses  and  grounds  with  the  appendages 
and  appurtenances. 

4  For  the  purchase,  repair  or  improvement  of  school  apparatus,  books,  furni- 
ture and  fixtures. 

5  For  the  purchase  of  fuel  and  lights  and  to  pay  contingent  expenses  of  the 
district,  including  the  salaries  of  janitors,  assistants,  employees  and  incidental 
expenses. 

Before  the  meeting  of  the  board  of  education  at  which  the  aforesaid  statement 
is  prepared,  the  said  board  of  education  shall  give  to  the  mayor  official  notice 
thereof  and  the  mayor  shall  attend  said  meeting  and  be  accorded  the  right  of 
inquiry  into  all  the  items  of  said  statement  and  all  the  privileges  in  said  meeting 
of  the  members  of  said  board,  except  the  privilege  of  voting.  Whenever  the 
board  of  education  shall  finally  have  determined  on  the  statement  of  expenses 
itemized  as  heretofore  indicated,  it  shall  present  the  same  to  the  mayor  or  acting 
mayor  of  the  city  of  Cortland.  If  the  mayor  or  acting  mayor  approves  such  state- 
ment he  shall  sign  it,  and  immediately  file  the  same  with  the  city  clerk ;  if  he  does 
not  approve  any  item  therein  he  shall  within  five  days  return  the  statement  with 
his  objection  indorsed  thereon  or  annexed  thereto  to  the  president  of  the  board 
of  education.  Said  board  shall  then  proceed  to  reconsider  such  statement,  and 
if  two-thirds  of  the  members  then  in  office  agree  to  sustain  the  statement  as  made, 
it  shall  stand  as  if  it  had  been  approved  by  the  mayor,  and  shall  be  immediately 
filed  with  city  clerk.  If  two-thirds  of  the  members  of  said  board  do  not  agree 
to  sustain  the  statement  as  made,  it  shall  be  modified  so  as  to  conform  to  the 
views  expressed  by  the  mayor  in  his  objection  and  he  shall  then  sign  it  and  file 
it  with  the  city  clerk.     But  if  he  does  not  approve  any  item  thereof  he  shall, 


EDUCATION    CODE  79 

within  twenty- four  hours,  return  the  same  with  his  objections  as  before.  The 
board  of  education  shall  continue  to  present  statements  as  aforesaid  until  the 
mayor's  approval  is  obtained  or  until  two-thirds  of  the  members  of  said  board 
agree  to  pass  the  same  over  his  objections  and  said  statement  when  thus  ap- 
proved or  passed  shall  be  filed  with  the  city  clerk.  If  the  mayor  or  acting  mayor 
fails  to  sign  a  statement  of  moneys  required  as  herein  provided  or  fails  to  re- 
turn within  five  days  after  its  submission,  said  statement  with  his  objections 
thereto,  to  the  board  of  education,  said  statement  shall  be  filed  with  the  city  clerk 
m  the  same  manner  as  if  it  had  been  approved.  When  such  statement  is  filed 
with  the  city  clerk,  the  common  council  of  said  city  shall  include  in  the  annual 
tax  and  assessment  roll  for  that  year  the  amount  specified  in  said  statement,  pro- 
vided said  amount  shall  not  exceed  one-third  of  i  per  centum  of  the  total  as- 
sessed valuation  of  all  the  property  within  the  city  as  appears  by  the  last  pre- 
ceding assessment  roll  thereof.  In  case  said  amount  exceeds  the  limitation  above 
specified  it  may  be  included  in  the  annual  tax  and  assessment  roll  for  that  year, 
by  resolution  of  the  common  council  passed  by  a  two-thirds  vote  of  all  the  mem- 
bers thereof,  otherwise  the  entire  statement  shall  be  returned  to  the  board  of 
education,  and  it  shall  thereupon  be  the  duty  of  said  board  to  prepare  a  new 
statement  in  the  same  manner  as  the  former,  but  the  total  amount  of  which 
shall  not  exceed  the  limitation  of  one-third  of  i  per  centum  of  the  total  assessed 
valuation  of  all  the  property  w^ithin  the  city  as  appears  by  the  last  preceding  as- 
sessment roll.  The  amount  specified  in  said  statement  included  in  the  annual 
tax  and  assessment  roll  of  the  city  shall  be  collected  by  the  city  chamberlain,  who 
shall  credit  the  same  to  the  general  school  fund  of  the  board  of  education.  (As 
amended  by  L.  igoi,  ch.  196.) 

§  159  Payment  of  funds  to  chamberlain.  All  public  moneys  or  public  funds 
belonging  or  appropriated  to  the  use  of  said  school  district  number  i  of  the  vil- 
lage of  Cortland,  shall  be  paid  to  the  chamberlain  of  said  city,  who  shall  keep 
the  same  separate  from  the  general  funds  of  the  city  and  shall  credit  to  the 
school  fund  the  moneys  or  property  belonging  thereto.  The  board  of  education 
shall  disburse  all  the  school  funds  of  said  district  by  orders  upon  the  chamber- 
lain signed  by  the  president,  said  orders  shall  be  numbered  consecutively  and 
shall  specify  the  purpose  for  which  they  are  drawn  and  the  person  to  whom 
payable.  Upon  request  from  said  board,  the  chamberlain  shall  certify,  from 
time  to  time,  the  balance  remaining  to  be  collected  by  or  paid  to  the  city  chamber- 
lain for  school  purposes;  it  shall  not  be  lawful  for  said  chamberlain  to  apply 
such  moneys  or  any  part  thereof,  to  any  other  purpose  or  object. 

§  160  Powers  of  board  of  education  to  purchase  sites  or  addition  to  any  site 
or  enlarge  any  school  building.  Whenever  the  board  of  education  shall  resolve 
by  an  affirmative  vote  of  two-thirds  of  its  members  that  it  is  necessary  to  pur- 
chase a  site  or  addition  to  any  site,  or  erect  any  school  building  or  enlarge  any 
school  building  already  erected,  it  shall  specify  in  such  resolution  the  ward  within 
which  such  site  is  to  be  purchased  or  building  erected  or  enlarged  and  the  partic- 
ular sum  required  for  each  separately.  The  board  of  education  shall  then  deliver 
a  certified  copy  of  such  resolution  to  the  mayor  who  shall,  within  thirty  days  of 


8o  THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

the  receipt  of  said  resolution,  call  a  special  election  of  the  electors  of  said  city  to 
vote  for  or  against  such  appropriations  as  the  proposed  expenditures  will  impose. 
Said  election  shall  be  conducted  and  the  result  declared  and  certified  pursuant  to 
the  provisions  and  manner  prescribed  for  conducting  special  elections  provided 
elsewhere  in  this  act.  In  case  three-fifths  or  60  per  centum  or  more  of  the  votes 
cast  be  in  favor  of  any  said  appropriations,  the  common  council  shall  borrow 
upon  the  faith  and  credit  of  said  city,  the  aggregate  of  the  items  having  such 
majority,  or  any  part  thereof,  at  any  time  before  and  until  the  same  can  be  pro- 
vided for  according  to  law.  The  common  council  shall  issue  bonds  or  other  evi- 
dence of  indebtedness,  in  such  forms  as  it  may  prescribe  at  an  annual  rate  of 
interest  not  exceeding  4  per  centum,  and  payable  at  such  times  and  in  such 
amounts  as  the  common  council  shall  determine.  Said  bonds  or  any  part  thereof 
may  be  sold  by  the  common  council  in  such  a  manner  as  it  may  deem  best,  but  at 
not  less  than  the  par  value  thereof.  The  board  of  education,  after  completing  the 
work  or  other  objects  for  which  said  money  may  have  been  raised,  may  apply 
any  unexpended  balance  that  may  remain  to  any  object  authorized  or  contem- 
plated by  this  act.     {As  amended  by  L.  ipoj,  ch.  ^pj.) 

§  161  Annual  report  of  board  of  education.  It  shall  be  the  duty  of  the  board 
of  education,  on  or  before  the  loth  day  of  January  in  each  year,  to  make  to  the 
common  council  of  the  city  a  detailed  report  of  the  manner  in  which  it  shall  have 
expended  the  money  provided  for  and  appropriated  to  school  purposes  from  any 
source  during  the  last  fiscal  year  of  the  said  board  of  education ;  and  such  report 
shall  be  published  by  the  common  council  in  connection  with,  and  as  a  part  of,  the 
annual  report  of  the  financial  transactions  of  the  city,  which  they  are  required  by 
law  to  have  printed  and  circulated.  Said  board  of  education  shall  also  make  re- 
port to  the  Superintendent  of  Public  Instruction  of  the  State,  and  such  reports 
shall  be  made  in  the  manner  and  at  such  times  as  he  may  direct. 

§  162  State  Superintendent  of  Public  Instruction  to  apportion  State  moneys. 
It  shall  be  the  duty  of  the  Superintendent  of  L'ublic  Instruction  of  this  State  to 
apportion  for  the  use  of  the  said  board  of  education  of  the  city  of  Cortland,  such 
portions  of  the  school,  school  library  and  other  public  money  as  it  shall  be  enti- 
tled to  by  its  annual  report,  in  the  same  manner  in  which  such  moneys  are  appor- 
tioned to  cities,  and  the  amounts  to  which  it  shall  be  so  entitled  shall  be  certified 
to  the  county  treasurer  of  Cortland  county.  The  said  county  treasurer  of  Cort- 
land county  shall  pay  over  to  the  city  chamberlain  of  the  city  of  Cortland,  for 
the  use  of  the  board  of  education  of  said  city,  such  proportion  of  the  school, 
school  library  and  other  public  money  as  may  be  apportioned  by  law  or  by  the 
Superintendent  of  Public  Instruction  of  the  State  to  the  board  of  education  of 
the  city  of  Cortland  for  teachers'  wages,  school  library  and  other  school  purposes. 

§  163  Common  council  shall  pass  ordinances  for  protection  of  school  prop- 
erty. The  common  council  of  the  city  of  Cortland  shall  have  the  power,  and  it 
shall  be  its  duty,  to  pass  such  ordinances  and  by-laws  as  the  l)oard  of  education  of 
said  city  shall  report  necessary  for  protection,  safekeeping,  care  and  preservation 
of  the  school  buildings  and  other  school  property  of  said  district,  and  to  impose 
such  penalties  for  the  violation  of  the  same  as  it  shall  deem  proper. 


EDUCATION    CODE  8l 

§  164  Charges  of  misconduct  or  neglect  of  duty  of  any  member  of  board  of 
education.  Charges  of  misconduct  or  violation  or  neglect  of  duty,  on  the  part  of 
any  member  of  the  board  of  education,  may  be  presented  to  said  board  by  any 
member  thereof,  or  by  any  elector  of  the  city  of  Cortland,  and  such  charges  shall 
be  duly  examined  by  such  board,  at  a  regular  or  special  meeting,  of  which  the 
accused  member  shall  have  at  least  five  days'  notice,  but  at  which  meeting  said 
accused  member  shall  not  be  entitled  to  vote.  If  at  such  meeting,  after  hearing 
the  evidence  on  both  sides,  said  board  shall  deem  the  charges  against  the  member 
sustained,  then  all  the  papers  and  documents  in  the  case,  with  a  transcript  of  the 
proceedings  of  the  meeting,  shall  be  transmitted  by  the  clerk  of  the  board  of  edu- 
cation to  the  Superintendent  of  Public  Instruction  of  the  State,  and  upon  his  ap- 
proval of  the  findings  of  the  board,  the  accused  member  shall  be  removed  and 
his  place  deemed  vacant.  All  vacancies  in  the  board  of  education,  occasioned  by 
the  resignation,  refusal  to  serve,  death  or  removal  of  any  of  its  members,  shall 
be  filled  for  the  unexpired  term  by  appointment  by  the  mayor. 

§  165  Report  of  superintendent  of  schools.  The  superintendent  of  schools  of 
the  city  of  Cortland  shall  confer  with,  and  act  under  the  direction  of  the  board 
of  education  of  said  city  in  the  performance  of  his  duties.  He  shall,  subject  to 
the  direction  of  said  board,  have  general  control  and  supervision  of  the  public 
schools  in  said  city  and  of  the  teachers  employed  therein  and  shall  on  or  before 
the  ist  day  of  July  in  each  year,  or  at  such  other  time  or  times,  as  shall  be  re- 
quired by  said  board,  report  in  writing  to  the  board  of  education  on  the  following 
subjects: 

1  The  whole  number  of  schools  within  the  jurisdiction  of  the  board  of  educa- 
tion, their  cleanliness  and  their  sanitary  condition. 

2  The  repairs  or  alterations,  if  any,  that  are  necessary  for  each  of  said  schools. 

3  The  condition  of  the  school  furniture,  apparatus  and  books  in  the  several 
schools,  and  the  repairs  and  additions  thereto  that  may  be  necessary. 

4  The  number  of  teachers  employed  in  the  several  schools,  their  grade  of  work, 
and  their  efficiency,  with  suggestions  as  to  the  increase  or  decrease  in  the  number 
thereof. 

^  The  number  of  pupils  registered  at  each  school,  the  average  daily  attendance 
and  also  the  number  of  pupils  enrolled  in  each  grade  in  the  several  schools. 

6  Such  changes  in  the  organization  and  curriculum  of  any  or  all  of  the  schools 
as  he  may  deem  advisable. 

7  Such  other  information  in  relation  to  the  city  schools  as  may  be  of  interest 
to  the  people  of  Cortland. 

§  166  District  a  union  free  school.  The  said  district  shall  be  deemed  and  is 
hereby  declared  to  be  a  union  free  school  district  under  the  laws  of  this  State  re- 
lating to  public  instruction.  All  provisions  of  law,  not  inconsistent  with  the  pro- 
visions of  this  act,  applicable  to  school  districts  whose  limits  correspond  with  any 
incorporated  city,  and  the  board  of  education  therein,  and  the  corporate  author- 
ity of  such  cities  are  made  applicable  to  the  school  district  hereby  established,  and 
to  the  board  of  education  thereof,  and  to  the  corporate  authorities  of  the  city  of 
Cortland. 


82  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Section  lo  provides  for  a  board  of  education  of  9  members  and  a  superintend- 
ent of  schools.  Under  section  11  such  superintendent  when  chosen  need  not  be 
a  resident  of  the  city.  Section  13  provides  that  the  members  of  the  board  of 
education  shall  be  appointed  by  the  mayor  and  the  superintendent  of  schools  ap- 
pointed by  the  board  of  education.  Section  15  fixes  February  first  of  the  year 
in  which  the  mayor  is  required  to  appoint  members  of  the  board  of  education  as 
the  date  when  their  terms  shall  begin  and  August  ist  of  the  year  in  which  the 
superintendent  of  schools  is  appointed  as  the  date  on  which  his  term  of  office 
shall  begin.  Section  30  requires  all  city  officers  to  take  the  prescribed  constitu- 
tional oath  of  office.  Section  54  requires  the  board  of  education  between  the 
ist  and  15th  of  November,  annually,  to  estimate  in  detail  their  expenses  and 
income  for  the  next  fiscal  year  and  certify  the  same  to  the  common  council. 


DUNKIRK 

Chapter  34,  Laws  of  1858 
An  act  to  make  school  district  number  9  in  the  town  of  Pom  fret,  a  imion  free 

school  district 

Section  i  All  school  districts  and  parts  of  school  districts  now  or  heretofore 
existing  within  the  limits  of  the  town  of  Dunkirk,  in  the  county  of  Chautauciua, 
which  lately  formed  a  part  of  the  town  of  Pomfret,  in  said  county,  are  hereby 
consolidated  into  one  entire  school  district,  to  be  known  as  the  Dunkirk  union  free 
school  district.  The  said  district,  as  herein  enlarged  and  consolidated,  shall, 
from  and  after  the  passage  of  this  act,  be  under  the  direction,  control  and  man- 
agement of  the  present  board  of  education  of  said  district  number  i  of  said  town 
of  Dunkirk.      {As  amended  by  L.  18 j^,  ch.  i6g.) 

§  2  The  said  district  shall  be  under  the  direction  of  a  board,  to  be  styled  the 
"  Board  of  education,"  which  board  shall  consist  of  six  members,  and  be  a  body 
corporate,  a  majority  of  whom  shall  constitute  a  quorum  for  the  transaction  of 
business.  Ebenezer  R.  Thompson,  Samuel  Hilliard,  Joseph  Mileham,  James  H. 
Van  Buren,  Julien  T.  Williams  and  Otis  E.  Tiffany,  shall  compose  the  first  board 
of  education,  and  shall  hold  their  offices  from  one  to  three  years,  that  is  to  say : 
two  shall  go  out  in  each  year  in  the  order  in  which  their  names  stand  recorded 
in  this  section.  {Modified  by  L.  igoi,  ch.  no,  tvhich  amends  section  j  of  tins 
act.) 

§  3  There  shall  be  elected  in  each  year  in  school  district  number  i  of  the  town 
of  Dunkirk,  commencing  with  1908,  two  members  of  the  board  of  education,  who 
shall  be  residents  and  taxable  inhabitants  of  said  district,  who  shall  hold  their 
office  for  four  years,  and  until  their  successors  are  elected  and  qualify.  The  said 
election  shall  take  place  at  the  annual  town  and  city  election,  when  all  persons 
who  by  law,  are  entitled  to  vote  for  members  of  the  board  of  education  in  said 
district  may  deposit  their  ballots,  containing  the  names  of  two  persons  designated 
for  said  office.  The  election  inspectors  of  the  several  polling  ])laces  in  said  town 
of  Dunkirk,  shall  canvass  the  votes  so  cast  for  members  of  the  board  of  educa- 
tion in  the  same  manner  that  votes  for  town  officers  are  canvassed  and  make 
their  returns  of  the  same  to  the  town  board  in  the  same  way  that  returns  for 
town  officers  are  returned ;  and  it  shall  be  the  duty  of  the  town  board  to  canvass 
the  several  returns  so  received  and  to  certify  to  the  board  of  education  of  said 
district  the  names  of  the  two  persons  receiving  the  greatest  number  of  votes  lor 
members  of  said  board  of  education,  who  shall  be  declared  elected  as  members 
of  the  board  of  education  by  said  town  board.  No  person  or  persons  shall  be 
permitted  to  cast  a  vote  for  members  of  said  board  of  education  unless  they  shall 
have  been  registered  as  herein  provided.  Tt  shall  be  the  duty  of  the  several  boards 
of  registration  at  the  annual  registration  for  the  city  and  town  election,  to  prop- 
erly register  in  books  prepared  for  that  purpose  by  the  clerk  of  the  said  town. 

I83! 


84  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

distinct  and  separate  from  those  used  for  registering  those  who  intend  to  vote 
for  town  and  city  officers,  the  names  of  all  those  who  wish  to  vote  for  members 
of  said  board  of  education,  and  who  are  by  law  entitled  to  vote  for  the  same. 
Said  inspectors  shall  also  keep  a  separate  poll  list  of  all  those  who  vote  for  mem- 
bers of  said  board  of  education,  and  shall  have  the  same  rights,  powers  and  duties 
in  regard  to  the  care  of  the  poll  lists  and  to  those  voting  for  members  of  said 
board  of  education,  as  to  those  voting  for  town  or  city  officers  and  the  poll  lists 
connected  therewith.  The  persons  hereafter  elected  as  members  of  said  board 
of  education  shall  enter  upon  the  duties  of  their  office  on  the  fir.st  Monday  of 
January  succeeding  their  election,  which  first  Monday  in  January  in  each  year 
after  the  passage  of  this  act  shall  be  the  day  for  holding  the  annual  meeting  of 
said  board  of  education.  An  officer  of  such  board,  if  still  a  member  of  the  board, 
shall  hold  his  office  until  his  successor  has  been  duly  elected.  Hereafter  it  shall 
require  a  majority  of  all  the  members  constituting  such  board  of  education  to 
elect  its  officers.  Hereafter  the  board  of  education  of  the  said  school  district 
shall  consist  of  eight  members.  If  the  office  of  a  member  of  such  board  becomes 
vacant  for  any  cause,  except  expiration  of  term,  the  remaining  members  of  such 
board  may,  by  a  majority  vote  appoint  a  person  to  fill  such  vacancy  until  the  next 
ensuing  general  election  of  the  town  and  city  of  Dunkirk  when  such  vacancy  shall 
be  filled  for  the  unexpired  term  of  any  such  member  in  the  same  manner  as  is 
herein  provided  for  the  election  of  members  of  said  board  of  education.  When- 
ever in  the  opinion  of  said  board  of  education,  it  becomes  necessary  to  procure 
a  new  site  and  build  a  new  schoolhouse  thereon,  it  shall  call  a  special  meeting  of 
the  taxable  inhabitants  of  the  district,  at  which  meeting  the  said  board  will  state 
the  cost  of  the  proposed  site  and  the  estimated  cost  of  the  school  building  that  is 
proposed  to  be  erected  thereon.  If  said  special  meeting  approves  of  the  recom 
mendation  of  the  board,  said  board  may  purchase  the  site  and  build  the  school- 
house  and  necessary  outbuildings  thereon.  Said  board  of  education  is  hereby 
authorized  to  make  such  repairs  and  additions  to  schoolhouses  already  built  on 
land  owned  by  said  school  district,  as  shall  m  the  judgment  of  said  board  be 
deemed  necessary  for  the  school  interests  of  said  school  district ;  and  for  the  pur- 
pose of  paying  for  such  additions  or  new  buildings  erected  on  land  owned  by 
said  district,  said  board  is  hereby  authorized  to  issue  bonds  or  certificates  of  in- 
debtedness, said  bonds  or  certificates  not  to  be  sold  for  less  than  par  or  to  draw 
more  than  4  per  centum  interest,  and  made  payable  at  such  times  as  the  board 
of  education  may  deem  for  the  best  interests  of  said  district,  (^^^s  amended  by 
L.  j88^,  ch.  i6j:  L.  iSq^^,  ch.  ^26:  L.  tqoi .  ch.  no:  L.  iqoS.  ch.  406.) 

§  4  The  annual  meeting  of  said  district  shall  be  held  on  the  first  Monday  of 
October,  in  each  year,  at  some  place  in  said  district,  to  be  designated  by  the  said 
board  of  education,  at  least  two  weeks  prior  to  the  time  for  the  liolding  of  such 
meeting.  The  said  board  of  education  shall  give  public  notice  of  the  time  and 
place  and  object  of  such  meeting,  by  publishing  the  same  in  the  newspapers 
printed  in  said  town  of  Dunkirk  for  the  two  successive  weeks  immediately  pre- 
ceding the  week  in  which  such  meeting  is  to  be  held,  and  by  posting  copies  of 


EDUCATION    CODE  ^5 

such  notice  in  three  public  places  in  said  district  at  least  two  weeks  prior  to  such 
meeting,  which  notice  shall  specify  the  number  of  the  members  of  the  board  of 
education  to  be  elected  at  such  election,  and  at  least  two  weeks  prior  to  such 
meeting;  said  board  of  education  shall  appoint  three  suitable  persons  inspectors 
of  such  election,  whose  duties  shall  be  to  receive  the  ballots  of  the  electors  of  said 
district  and  deposit  the  same  in  a  suitable  box.  to  be  provided  for  that  purpose, 
and  after  the  polls  are  closed,  and  on  the  same  day,  to  canvass  the  votes  given  at 
such  election ;  and  immediately  after  canvassing  such  votes,  to  make  a  statement 
in  writing,  which  shall  be  signed  by  them,  or  a  majority  of  them,  thereby  certify- 
ing the  number  of  votes  cast  at  such  election,  which  certiticate  shall  also  show 
the  number  of  votes  cast  at  such  election,  for  each  person  voted  for  as  trustee  at 
such  election.  Such  certificate  shall  further  show  the  persons  who  are,  by  the 
highest  number  of  votes,  elected  to  the  ottice  of  members  of  said  board.  Said 
inspectors  shall  immediately  thereafter  make  two  copies  of  such  statement  and 
certificate,  signed  by  them,  or  a  majority  of  them,  and  shall  forthwith  deliver  one 
copy  thereof  to  the  town  clerk  of  said  town  of  Dunkirk,  and  the  other  copy 
thereof  to  the  secretary  of  said  board  of  education.  Said  inspectors  of  election 
shall  be  entitled  to  a  reasonable  compensation  for  their  services  in  the  premises, 
to  be  paid  by  said  board  of  education.  The  polls  of  such  election  shall,  in  all 
cases,  be  opened  at  nine  o'clock  in  the  forenoon,  and  continue  open  until  nine 
o'clock  in  the  evening  of  the  same  day.  and  no  longer.  The  provisions  of  law 
relating  to  the  elections  of  State  and  county  officers  shall  api)ly  to  the  elections 
under  this  act,  so  far  as  the  same  are  applicable.  {As  amended  by  L.  187 f,,  clu 
i6g.  This  section  has  been  modified  and  chamjed  by  L.  iQOi,  ch.  no,  which 
amends  section  5  of  this  act  and  by  L.  iSgg,  ch.  40.) 

§  5  Said  board  of  education  shall  have  power  to  fill  all  vacancies  occurring  in 
their  own  body  for  the  unexpired  term  of  the  person  causing  such  vacancy,  and 
whenever  any  vacancy  shall  exist  in  said  board  of  education,  a  majority  of  the 
remaining  meml)ers  shall  constitute  a  quorum  of  said  board.  {As  amended  by 
L.  1864.  ch.  q8.  Said  section  5  is  modified  by  L.  ipoi,  ch.  no,  which  amends 
section  ?  of  this  act.  Sections  2  and  j  of  L.  186  j.  ch.  08,  relate  to  borrozving 
money  for  the  purpose  of  purchasing  a  site,  building  a  schoolhonse  and  making 
repairs  to  school  buildings  generally,  and  approving  the  acts  of  said  board  of  edu- 
cation in  relation  thereto.) 

§  6  The  said  board  may  make  all  necessary  by-laws  for  their  own  government : 
they  shall  have  the  entire  control  and  management  of  all  the  common  schools 
within  the  said  district,  and  all  the  property  belonging  to  the  same  ;  they  shall  have 
and  possess  within  said  distri:t  all  the  rights,  power  and  authority  of  trustees  of 
school  districts,  and  shall  in  all  respects  be  subject  to  the  restriction  and  coiurol 
of  the  commissioner  of  common  schools  for  the  district  in  the  same  manner  as  the 
common  schools  in  this  State  are  subject.  They  shall,  at  their  first  meeting,  and 
at  their  first  meeting  after  the  annual  election  in  each  year,  appoint  one  of  their 
number  president  of  said  board,  who  shall  preside  at  the  meetings  of  said  board 
when  present ;  when  absent,  a  president  pro  tempore  shall  act  in  his  stead  ;  they 
shall  also  appoint  at  said  meeting  one  of  their  number  secretary,  who  shall  record 


86  THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

all  the  acts  and  resolutions  of  the  board,  also  act  as  clerk  of  school  district;  in 
his  absence  a  secretary  pro  tempore  shall  be  appointed  to  discharge  said  duties ; 
they  shall  also  appoint  a  treasurer,  collector  and  librarian  of  said  district,  who 
shall  hold  their  offices  respectively  one  year  from  their  appointment,  and  until 
others  are  appointed  in  their  places,  unless  sooner  removed  by  said  board.  Such 
treasurer  and  collector  shall  each,  within  ten  days  after  notice  in  writing  has  been 
received  of  his  appointment,  and  before  entering  upon  the  duties  of  his  office, 
execute  and  deliver  to  said  board  of  education  a  bond  in  the  penalty  of  twice  the 
amount  of  the  estimated  amount  of  the  money  coming  into  his  hands,  and  with 
such  sureties  as  said  board  may  require,  conditioned  for  the  faithful  discharge  of 
the  duties  of  his  office.  In  case  such  bond  shall  not  be  given  within  ten  days  after 
receiving  such  notice,  such  office  shall  thereby  become  vacated,  and  such  board  of 
education  shall  thereupon  make  an  appointment  to  fill  such  vacancy.  Such  treas- 
urer's bond  shall  be  approved  by  the  county  clerk,  and  a  copy  thereof  deposited  in 
said  county  clerk's  office. 

§  7  The  said  board  of  education  shall  meet  for  the  transaction  of  business  on 
the  first  Monday  in  each  month,  or  on  such  other  day  of  the  week  as  they  shall 
fix  upon  for  the  year,  and  may  adjourn  for  a  shorter  time.  Special  meetings  may 
be  called  by  the  president,  or,  in  his  absence  or  inability  to  act,  by  the  secretary, 
or  any  other  member  of  the  board,  as  often  as  is  necessary,  by  giving  personal 
notice  to  each  member  of  the  board  or  causing  a  written  or  printed  notice  to  be 
left  at  his  place  of  residence,  at  least  twenty-four  hours  before  the  hour  of  said 
meeting ;  and  if  any  of  said  board  refuses  or  neglects  to  attend  any  three  succes- 
sive stated  meetings  of  the  board,  and  if  no  sufficient  cause  of  his  nonattendance 
be  shown,  the  board  may  declare  his  office  vacant. 

§  8  No  member  of  the  board  of  education,  except  the  secretary,  shall  receive 
any  pay  or  compensation  for  his  services,  nor  shall  it  be  lawful  for  any  member 
of  said  board  to  become  a  contractor  for  building  or  making  any  improvement  or 
repairs  authorized  by  this  act,  or  be  in  any  manner  directly  or  indirectly  interested, 
either  as  principal,  partner  or  surety,  in  any  such  contract.  All  contracts  made 
in  violation  of  this  provision  shall  be  absolutely  void,  and  the  persons  so  violating 
shall  forfeit  the  sum  of  one  hundred  dollars,  which  shall  be  collected  by  the  board 
for  the  use  of  the  district. 

§  9  The  said  board  of  education  may  call  special  meetings  of  said  district 
whenever  they  may  deem  it  necessary ;  they  shall  give  notice  of  the  same  by  post- 
ing up  a  written  or  printed  notice  thereof,  in  at  least  six  public  places  in  said  dis- 
trict and  by  publishing  the  same  in  the  newspapers  published  in  said  district  at 
least  two  weeks  previous  to  the  time  fixed  for  such  meeting,  which  notice  shall 
state  the  time  and  place  of  such  meeting  and  the  purpose  for  which  the  same  is 
called ;  and  no  business  shall  be  transacted  at  any  such  special  meeting  exce])t  that 
stated  in  the  notice  calling  the  same.  One  week's  notice  of  the  annual  meeting 
shall  be  given  in  said  newspapers.     {Modified  by  section  ?  of  this  act  as  amended. ) 

§  TO  The  title  of  the  schoolhouses,  sites,  lots,  furniture,  books,  and  all  the 
school  property  of  the  school  district,  shall  be  vested  in  said  board  of  education ; 
and  the  said  board  in  its  corporate  capacity  may  take,  hold  and  dispose  of  any 


EDUCATION    CODE  87 

real  or  personal  estate  transferred  to  it  by  gift,  grant,  bequest  or  devise  for  the 
use  of  common  schools  in  said  district ;  and  all  the  rights,  powers  and  duties  here- 
tofore belonging  to  the  trustees  of  the  Dunkirk  Academy,  and  all  grants  of  land 
to  said  trustees  by  the  Dunkirk  Association,  or  by  any  members  thereof  or  other- 
wise, are  hereby  vested  in  the  said  board  of  education ;  and  all  the  rights,  titles 
and  interests  which  the  said  town  of  Pomfret  or  the  town  or  village  of  Dunkirk 
or  the  trustees  of  the  said  academy  may  have  had  or  does  now  have  in  the  plot  of 
ground  given  by  the  said  Dunkirk  Association,  or  anyone  belonging  thereto,  to 
the  said  trustees  in  the  year  1838,  or  at  any  other  time,  as  a  donation  to  endow 
an  academy,  as  laid  down  on  a  certain  map  and  filed  in  the  office  of  the  county 
clerk  of  Chautauqua  county  on  the  nth  day  of  July,  1838,  and  entitled  "  Map  of 
the  town  of  Dunkirk,  in  Chautauqua  county,  State  of  New  York,  eighteen  hun- 
dred thirty-six,  the  temiination  of  the  New  York  and  Erie  Railroad,''  are  hereby 
vested  in  said  board  of  education,  whose  duties  shall  be  to  carry  out  the  object  of 
the  donors  as  expressed  by  them  in  a  resolution  adopted  by  said  donors  at  a  meet- 
ing held  by  them  on  the  14th  day  of  January.  1838;  and  the  map  so  filed  on  the 
nth  day  of  July.  1838,  together  with  the  inscriptions  and  acknowledgments 
thereon  by  the  owner  or  owners  of  said  land,  shall  be  deemed  and  construed  in 
all  courts  as  a  good  and  sufficient  deed  of  said  plot  of  land  to  endow  an  academy 
to  the  trustees  of  said  academy ;  and  the  title  of  said  trustees  to  the  lands  so  do- 
nated shall  not  be  forfeited  from  nonacceptance  or  usage  by  said  trustees  during 
the  time  it  has  been  used  as  a  burial  place,  and  prior  to  the  removal  of  all  the  re- 
mains of  the  dead  therefrom,  nor  from  any  other  causes,  and  the  said  board  of 
education  are  hereby  authorized  to  enter  at  once  into  the  possession  of  said  plot 
of  land,  and  to  have  all  the  rights  and  powers  hitherto  vested  in  and  possessed  by 
the  board  of  trustees  of  said  village  relative  to  the  removal  of  any  remains  of  the 
dead  which  may  be  found  therein,      (.is  amended  by  L.  1880,  ch.  //.) 

S  n  The  public  schools  of  said  district  shall  be  free  to  all  children  residing 
therein ;  but  the  board  of  education  may  permit  children  of  persons  not  residents 
within  said  district  to  attend  said  schools  on  such  terms  as  they  may  prescribe, 
and  said  board  shall  have  power  to  sue  for  and  recover  such  prescribed  sum.  Said 
board  shall  require  one  of  their  number  to  visit  each  school  in  said  district  at 
least  once  in  each  week,  to  render  such  assistance  to  the  teachers  and  advice  to 
the  pupils  as  may  be  necessary.  (Modified  by  Education  Laiv,  L.  iqog,  ch.  21, 
Jj  4gS,  subd.  6,  as  amended  by  L.  ipio,  ch.  140,  and  L.  IQ12,  ch.  2/6.) 

§  12  Every  resignation  of  officers  appointed  or  elected  under  this  act  shall  be 
made  to  the  board  of  education,  and  such  resignation  shall  not  excuse  said  officer 
from  the  discharge  of  his  duties  until  accepted  by  said  board.  (Modified  by  sec- 
tion 21  of  the  public  officer  law.) 

§  13  Said  board  of  education  shall  cause  an  enumeration  of  the  children  be- 
tween the  ages  of  4  and  21  years  in  said  district,  and  make,  once  in  each  year, 
such  a  report  to  the  school  commissioner,  at  the  time  and  in  the  manner  recjuired 
by  law,  of  trustees  of  school  districts ;  and  any  parent  or  guardian  or  housekeeper 
refusing  to  give  his  or  her  own  name  to  the  person  appointed  by  said  board  to 
take  such  enumeration,  and  the  number  of  the  children  between  said  ages  living 


88  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

in  his  or  her  family,  shall  be  liable  to  a  penalty  of  ten  dollars ;  said  penalty  to  be 
sued  for  and  recovered  by  said  board  and  appropriated  to  school  purposes. 
(Modified  by  Education  Laiv,  L.  ipop,  ch.  21,  §  630-6^4,  as  amended  by  L.  ipio, 
ch.  140.) 

§  14  The  town  supervisor  shall,  upon  the  written  order  of  the  president  and 
secretary  of  said  board,  pay  to  the  treasurer  of  said  board,  out  of  money  in  his 
hands  belonging  to  said  district,  such  sums  as  said  order  may  specify;  and  all 
moneys  to  be  received  shall  be  paid  to  the  treasurer  of  said  board,  who,  together 
with  his  sureties  on  his  official  bond,  shall  be  accountable  to  said  board  of  educa- 
tion. Said  treasurer  shall  not  pay  out  any  moneys  except  by  resolution  of  said 
board,  and  upon  an  order  drawn  by  the  president,  and  certified  by  the  secretary 
to  be  so  drawn  in  pursuance  of  such  resolution. 

§  15  Said  board  of  education  shall  have  the  entire  control  of  the  district  li- 
brary, and  may  make  such  regulations  in  regard  to  the  purchase  and  distribution 
of  books  and  management  of  said  library  as  they  shall  deem  proper. 

§  16  Said  board  of  education  shall  have  the  power  and  are  hereby  directed  to 
levy  and  collect  by  tax,  once  in  each  year,  upon  all  the  taxable  property  and  in- 
habitants in  said  district,  as  the  same  shall  have  been  last  assessed  by  the  town 
assessors  of  the  town  in  which  said  district  is  situated,  such  sums  as  said  board 
shall  estimate  to  be  necessary  for  the  following  purposes,  viz : 

1  To  pay  any  deficiency  in  teachers'  wages,  after  paying  all  the  public  money 
appropriated  for  such  purpose. 

2  To  hire  sites,  schoolhouses  and  rooms  for  the  use  of  said  school  district  when 
necessary. 

3  To  alter,  repair  and  improve  the  schoolhouses  belonging  to  said  district  and 
their  appurtenances. 

4  To  insure  the  schoolhouses  and  property  belonging  to  said  district. 

5  To  pay  all  necessary  contingent  expenses  of  said  school  district  and  of  the 
board  of  education. 

6  To  pay  the  librarian  a  salary  not  to  exceed  twenty-five  dollars  per  year. 

7  Said  board  of  education  is  hereby  authorized  to  appoint  or  elect,  at  its  annual 
meeting,  one  of  its  members  as  secretary  thereof,  who  shall  hold  said  office  until 
his  successor  is  duly  appointed  or  elected  by  a  majority  of  all  the  members  con- 
stituting said  board  ;  also  to  make  such  rules  and  regulations  as  it  deems  best  for 
the  appointment  of  a  librarian  and  to  define  the  duties  thereof ;  also  to  appoint 
at  any  time  an  assistant  secretary  of  said  board,  who  shall  hold  said  office  during 
the  pleasure  of  said  board,  and  who  shall  perform  such  duties  as  the  board  may 
designate  and  require  in  connection  with  the  schools  or  the  board  of  education  or 
with  the  superintendent  of  schools.  The  salaries  of  said  secretary,  and  assistant 
secretary,  including  the  cost  of  making  the  annual  tax  roll  and  duties  of  the  libra- 
rian, shall  be  determined  by  said  board  of  education.  (As  amended  by  L.  1881. 
ch.  180;  L.  i8gy,  ch.  4/g;  L.  1902,  ch.  284;  L.  looy,  ch.  118.) 

8  Any  such  sums  as  shall  be  authorized  by  a  majority  of  the  taxable  inhabit- 
ants at  any  special  meeting  of  said  district,  for  the  purpose  specified  in  section  17 


EDUCATION    CODE  89 

of  this  act ;  and  the  board  shall  add  to  their  warrant  for  collection  of  taxes  such 
amount  as  they  shall  deem  proper  for  fees  for  collecting,  not  exceeding  5  per  cent 
on  the  amounts  to  be  collected.  Said  board  shall  have  power  to  make  all  war- 
rants for  the  collection  of  taxes  to  be  raised  by  them,  returnable  in  sixty  or  ninety 
days,  at  their  discretion,  and  to  renew  the  same  whenever  it  shall  become  neces- 
sary ;  such  warrant  to  be  signed  by  the  president  and  secretary  pursuant  to  reso- 
lution of  said  board.  In  case  it  shall  appear  that  the  town  assessment  roll  does 
not  include  all  the  taxable  property  of  said  district,  the  property  omitted  shall  be 
assessed  by  the  said  board  in  the  same  mode  required  by  law  and  added  thereto ; 
and  the  collector  of  said  school  districts  shall,  in  the  collection  of  any  tax  author- 
ized by  this  act,  proceed  in  the  same  manner  and  have  all  the  powers  which  col- 
lectors of  towns  and  county  taxes  now  possess.  (Modified  by  art.  10  of  the  city 
charier,  L.  ipop,  ch.  338.) 

§  17  Whenever,  in  the  opinion  of  said  board,  it  becomes  necessary  to  procure  a 
site  and  build  a  schoolhouse,  to  enlarge  those  already  built,  or  to  raise  money  for 
any  necessary  school  purpose  not  enumerated  in  this  act,  they  shall  submit  the 
plans,  the  estimated  cost  of  such  building,  site  and  necessary  appendages,  to  the 
taxable  inhabitants  of  said  district,  at  a  special  meeting  called  for  that  purpose, 
and  if  a  majority  of  such  inhabitants  present  shall  vote  in  favor  of  the  same,  the 
said  board  may  proceed  to  carry  the  same  into  effect ;  but  no  site  purchased  and 
house  built  after  the  passage  of  this  act  shall  exceed  in  cost  jointly  the  sum  of 
three  thousand  dollars,  nor  shall  any  addition  to  schoolhouses  in  said  district  ex- 
ceed said  amount ;  neither  shall  more  than  one  schoolhouse  or  addition  to  any 
schoolhouse  in  said  district  be  built  in  any  one  year ;  nor  shall  any  additions  be 
made  to  any  schoolhouse  in  said  district  the  same  year  in  which  a  new  schoolhouse 
is  built ;  nor  shall  a  greater  sum  than  four  hundred  dollars  be  raised  in  any  one 
year  for  purposes  not  enumerated  in  this  act  by  said  special  meeting.  (Modified 
by  L.  iQOi,  ch.  no,  which  amends  section  5  of  this  act.) 

§  18  Said  board  of  education  shall  have  the  power  to  establish  as  many  pri- 
mary schools  in  said  district  as  they  may  deem  proper,  and  to  have  in  all  respects 
the  superintendency,  supervision  and  management  of  the  public  schools  in  said 
district ;  to  adopt,  alter,  modify  and  repeal,  as  they  may  deem  expedient,  rules  and 
regulations  for  their  organization,  government  and  instruction ;  for  the  reception 
of  pupils  and  their  transfer  from  one  school  to  another,  and  generally  for  their 
good  order,  prosperity  and  public  utility. 

§  19  Whenever,  in  the  opinion  of  said  board,  it  may  be  advisable  to  sell  or  ex- 
change any  schoolhouse,  lots  or  sites  now  or  hereafter  belonging  to  the  district, 
they  shall  state  such  object  in  the  notice  of  an  annual  or  special  meeting,  and,  with 
the  consent  of  a  majority  of  the  taxable  inhabitants  present  at  such  meeting,  may 
sell  or  dispose  of  such  schoolhouses,  sites  or  lots  to  the  best  advantage. 

^  20  Said  board  of  education  shall,  at  each  amiual  meeting,  submit  a  report  in 
writing  of  their  doings  as  such  board,  and  shall  state  therein  the  number  and  con- 
dition of  the  schools  in  said  district  under  their  charge,  and  the  number  of  scholars 
attending  the  same,  the  studies  pursued,  the  amount  of  money  received  from  the 


90  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

State  and  from  any  other  source,  the  expenditure  of  the  same,  and  all  the  particu- 
lars in  detail  relating  to  schools  in  said  district,  which  report  may,  if  the  board 
think  proper,  be  printed. 

§  21  All  laws  and  parts  of  lav/s  inconsistent  with  this  act  are  hereby  repealed 
so  far  as  relates  to  said  Dunkirk  Union  Free  School.  (As  amended  by  L.  iSj^, 
ch.  i6p.) 

§  22  This  act  shall  take  effect  immediately. 

Chapter  40,  Laws  of  1899 

An  act  to  provide  for  holding  the  annual  town  and  city  election  of  the  town 
and  city  of  Dunkirk  at  the  general  election  on  the  first  Tuesday  after  the 
first  Monday  in  November  of  each  year 

Section  i  The  annual  election  of  all  town  and  city  officers  of  the  town  and 
city  of  Dunkirk,  and  of  the  members  of  the  board  of  education  of  the  union 
free  school  district  of  the  town  of  Dunkirk,  shall  hereafter  be  held  on  the  first 
Tuesday  after  the  first  Monday  of  November  in  each  year;  and  the  persons  so 
voted  for  and  elected  at  said  annual  election,  excepting  the  receiver  of  taxes, 
shall  enter  upon  the  duties  of  their  respective  offices  on  the  ist  day  of  January 
succeeding  their  election,  and  shall  hold  said  respective  offices  for  the  same 
length  of  time  from  said  ist  day  of  January,  as  is  now  provided  by  law  for 
holding  said  offices.  The  receiver  of  taxes  shall  enter  upon  the  duties  of  his 
office  on  the  ist  day  of  May  succeeding  his  election,  and  shall  hold  his  office 
for  the  same  length  of  time  as  is  now  provided  by  law.  All  town  and  city 
officers  of  said  town  and  city  shall  hold  their  respective  offices  until  their  suc- 
cessors are  duly  elected  and  qualified. 

§  2  The  'names  of  all  persons  voted  for  at  said  annual  election  for  said 
offices  shall  be  printed  or  written  upon  the  same  ballots  as  those  that  contain 
the  names  for  candidates  for  State  and  county  offices,  unless  the  manner  of 
their  election  is  other  specially  provided  for  by  law ;  and  the  canvassing  of  all 
votes  cast  at  said  election,  for  said  officers,  shall  proceed  and  be  declared  in  the 
same  manner  as  if  cast  at  the  annual  town  and  city  elections  heretofore  held 
in  March  of  each  year.  All  certificates  of  nomination  of  city  officers  shall  be 
in  duplicate,  one  of  which  shall  be  filed  with  the  city  clerk  of  said  city  and  the 
other  with  the  county  clerk  at  such  time  as  is  now  required  by  law  for  filing 
town  nomination  with  the  county  clerk. 

§  3  This  act  shall  take  effect  immediately. 

Chapter  295,  Laws  of  1837 

An  act  to  incorporate  the  Dunkirk  Academy 

Section  i     Ezra    Williams,    Ernest    MuUett,    James    Van    Buren,    George    A. 

French,  David  McDonald,  Horace  Pemberton,  Levy  Parsons,  Timothy  Stillman, 

Walter  Smith.  William  Mellen,  Walter  Chester  and  Chas.  H.  S.  Williams,  and 

such  other  persons  as  may  associate  with  them,  are  hereby  constituted  a  body 


EDUCATION    CODE  9I 

.•orporate,  by  the  name  of  "  The  Dunkirk  Academy,"  to  be  located  in  the  village 
of  Dunkirk,  in  the  county  of  Chautauqua,  for  the  purpose  of  establishing,  main- 
taining a  seminary  of  learning,  for  the  education  of  youth. 

§  2  The  estate,  property  and  concerns  of  the  said  corporation  shall  be  man- 
aged by  a  board  of  twelve  trustees. 

§  3  The  persons  named  in  the  first  section  of  this  act  shall  be  the  first  trustees 
of  the  said  corporation,  and  shall  be  divided  by  lot  in  three  classes ;  the  term 
of  service  of  the  first  class  shall  expire  on  the  second  Monday  of  January  next; 
that  of  the  second  in  one  year,  and  that  of  the  third  in  two  years  thereafter. 

§  4  On  the  second  Monday  of  January,  183S,  and  on  the  second  Monday  of 
January  in  each  succeeding  year,  there  shall  be  an  election  of  four  trustees, 
who  shall  hold  their  offices  for  three  years,  and  until  others  shall  be  elected  in 
their  places.  The  election  shall  be  by  ballot,  and  by  a  plurality  of  the  votes 
of  the  members  present. 

§  5  The  said  academy  shall  participate  in  the  distribution  of  the  literature 
fund,  whenever  the  Regents  of  the  University  shall  be  satisfied  that  it  has 
complied  with  the  requisitions  of  the  law  which  would  entitle  it  to  the  same. 

§  6  The  corporation  hereby  created  shall  possess  the  powers  and  be  subject 
to  the  provisions  of  the  fifteenth  and  eighteenth  chapters  of  the  first  part  of  the 
Revised  Statutes,  so  far  as  the  same  are  applicable  and  have  not  been  repealed. 

§  7  This  act  shall  take  effect  on  the  passage  thereof. 


ELMIRA 

Chapter  370,  Laws  of  1895 
An  act  in  relation  to  the  public  schools  in  the  city  of  Elmira 

Section  i  The  territory  embraced  within  the  corporate  bounds  of  the  city 
of  Elmira  shall  constitute  one  school  district,  to  be  called  "  the  school  district  of 
the  city  of  Elmira,"  and  the  boundaries  of  said  school  district  and  of  said  city 
shall  always  coincide ;  but  no  change  in  the  boundaries  of  said  city  shall  take 
effect  as  respects  said  school  district  until  the  close  of  the  school  year  in  which 
such  change  is  made.  In  case  any  extension  of  the  boundaries  of  said  city  shall 
divide  a  school  district  so  as  to  bring  within  said  boundaries  any  school  lands  or 
buildings  belonging  to  such  divided  district,  the  trustee  or  trustees  of  said  district 
residing  without  such  extended  boundaries,  or  if  there  be  no  such  trustee  at 
the  time  of  such  extension,  then  such  trustee  or  trustees  as  may  thereafter  be 
elected  by  the  inhabitants  of  said  district  residing  without  said  boundaries,  and 
the  board  of  education  of  said  city  shall,  if  they  can  agree,  make  such  regulations, 
arrangements  or  disposition  of,  or  respecting  such  school  lands  or  buildings  as 
they  may  deem  just  and  proper,  and  for  that  purpose  may  provide  for  the 
joint  or  common  use  of  said  lands  or  buildings ;  or  may  sell  the  same  or  any 
part  thereof  and  make  an  equitable  division  of  the  proceeds  of  such  sale;  or 
the  said  board  or  said  trustee  or  trustees  may  have  and  retain  the  exclusive  prop- 
erty in  and  use  of  said  lands  or  buildings  upon  making  proper  compensation  lo 
the  party  surrendering  its  interest  therein ;  and  in  case  the  said  trustee  or  trus- 
tees should  so  hold  and  use  the  said  lands  or  buildings,  the  same  shall,  for  school 
purposes,  form  and  be  a  part  of  said  school  district,  and  so  long  as  said  land  or 
buildings  are  so  held  or  so  used,  they  shall  be  exempt  from  all  taxation  within, 
said  city.  In  case  said  trustee  or  trustees  and  said  board  of  education  shall  fail 
to  agree  in  whole  or  part  upon  such  regulation,  agreements  or  disposition  of 
said  lands  or  buildings,  the  matters  of  difference  between  them  respecting  the 
same  shall  be  submitted  to  the  school  commissioner  of  Chemung  county,  who 
shall  decide  the  same  subject  to  appeal  upon  the  matters  decided,  or  any  of 
them,  to  the  Superintendent  of  Public  Instruction  in  the  manner  prescribed  in 
section  i  of  title  14  of  chapter  556  of  the  Laws  of  1894,  entitled  the  consolidated 
school  law. 

§  2  The  said  school  district  of  the  city  of  Elmira  shall  remain  and  continue 
separate  and  distinct  for  the  purposes  and  to  the  extent  in  this  act  specified. 
The  commissioner  districts  shall  continue  as  at  present,  subject  only  to  such 
changes  as  shall  be  made  in  making  the  boundaries  of  said  school  district  and  city 
correspond,  and  such  changes  as  the  board  of  education  of  said  city  may  find 
necessary  at  any  time  to  make,  provided  that  no  change  shall  be  made  which 
shall  reduce  the  population  of  a  commissioner  district  to  less  than  3000  in- 
habitants. 

[92] 


EDUCATION    CODE  93 

§  3  The  present  nine  school  commissioners  of  the  said  school  district  and 
their  successors  to  be  chosen  as  hereinafter  provided,  are  hereby  continued  as 
heretofore  constituted,  a  corporate  body  in  relation  to  all  the  powers  and  duties 
conferred  or  imposed  by  law,  and  styled  "  The  board  of  education  of  the  city 
of  Elmira,"  and  are  hereby  invested  with  all  the  powers  and  charged  with 
all  the  duties  conferred  upon  them  by  this  act.  A  majority  of  commissioners 
shall  constitute  a  quorum. 

§  4  On  the  second  Tuesday  of  October  1895,  and  biennially  thereafter,  there 
shall  be  elected  in  the  manner  hereinafter  provided  in  each  of  said  commissioner 
districts,  the  number  of  which  is  an  odd  number,  one  school  commissioner, 
who  shall  be  a  resident  of  such  district.  On  the  second  Tuesday  of  October  1896. 
and  biennially  thereafter,  there  shall  be  elected  in  the  manner  hereinafter  pro- 
vided in  each  of  said  commissioner  districts,  the  number  of  which  is  an  even 
number,  one  school  commissioner,  who  shall  be  a  resident  of  such  district. 
Each  conmiissioner  so  elected  shall  hold  his  office  from  the  day  of  his  election 
until  the  second  Tuesday  of  October  of  the  second  year  thereafter  and  until 
his  successor  be  chosen  and  qualified  to  act.  Each  election  of  a  school  com- 
missioner herein  provided  for  shall  take  place  and  be  had  at  such  place  or 
])laces  as  the  board  of  education  of  said  city  shall  designate  within  the  district 
electing  such  commissioner,  and  the  polls  therefor  and  thereat  shall  be  and  con- 
tinue open  from  one  o'clock  in  the  afternoon  until  seven  o'clock  in  the  afternoon 
of  that  day.  The  said  board  of  education  shall  cause  to  be  published  in  a  news- 
paper of  said  city  daily  for  the  period  of  three  days  last  prior  to  the  day  of 
such  election,  notice  of  such  election  and  the  places  and  hours  of  holding  the 
same.  At  a  meeting  of  said  board  of  education  the  president  thereof  shall 
designate  a  commissioner  or  commissioners  of  such  board  other  than  the 
district  commissioner  of  the  district  electing  such  commissioner,  to  preside  at 
such  election.  In  case  any  such  designated  commissioner  shall,  on  account  of 
his  sickness  or  other  insurmountable  cause,  be  unable  to  attend  and  preside 
at  such  election,  he  shall  cause  notice  of  such  inability,  immediately  upon  the 
occurring  thereof,  to  be  given  to  the  president  of  such  board,  who  shall  immedi- 
ately thereupon  designate  and  notify  in  writing  another  commissioner  of  such 
board  other  than  the  commissioner  of  the  electing  district  to  preside  at  such 
election.  Such  commissioner  designated  shall  attend  and  preside  over  such 
election.  In  case,  for  any  cause,  there  are  at  the  time  of  holding  an  election  for 
school  commissioners  not  enough  commissioners  other  than  the  commissioner 
of  the  electing  district  able  to  preside  at  the  polls,  the  president  shall  appt>int 
the  superintendent  of  schools  or  secretary  of  the  said  board  of  education  or 
other  person  who  shall  be  a  resident  of  said  city  and  a  qualified  voter  at  a 
school  election  thereof  but  not  a  resident  of  the  commissioner  district  within 
which  said  election  shall  be  held,  to  preside  at  one  of  the  polls  with  the  same 
powers  as  a  commissioner,  and  the  said  superintendent  or  secretary  or  such  other 
person  so  appointed  shall  preside  over  such  election.  In  case  the  person  so 
appointed  to  preside  over  any  such  election  shall  on  account  of  sickness,  or 
other  insurmountable  cause,  be  unable  to  attend  and  preside  at  such  election. 


94  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

and  he  shall  not  be  able  to  give  to  the  president  of  such  board,  the  notice  above 
required,  said  person  shall  forthwith  designate  and  notify  in  writing  some 
other  person,  who  shall  be  a  resident  of  said  city  and  a  qualified  voter  at  a  school 
election  therein,  but  not  a  resident  of  the  commissioner  district  within  which  said 
election  shall  be  held,  and  the  person  so  appointed  shall  preside  over  such 
election.  Such  presiding  officer  shall,  at  the  opening  thereof,  designate  two  per- 
sons who  shall  be  residents  of  and  qualified  voters  in  such  commissioner  district, 
who  shall  act  as  inspectors  of  such  election,  and  whose  duties  shall  be  to  have 
at  the  opening  thereof  the  ballot  box  provided  by  the  presiding  officer  wholly 
empty  of  ballots  and  papers,  to  keep  a  true  poll  list  of  the  name  and  residence 
of  each  person  offering  to  vote  and  of  each  person  challenged  and  voting,  and 
of  each  person  challenged  and  not  voting  thereat,  and  to  aid  the  presiding  officer 
in  counting  the  ballots  and  ascertaining  the  result  of  the  election.  At  any  time 
before  or  during  such  election  each  of  the  candidates  may  name  one  elector  of 
said  district  as  a  watcher  at  the  poll  of  such  election  district,  and  the  person  or 
persons  so  named  as  watchers,  and  each  of  them,  shall  be  entitled  to  be  present 
in  the  room  occupied  by  the  inspectors  of  election  and  the  presiding  officer, 
and  in  a  position  and  place  from  which  he  or  they  may  conveniently,  fully  and 
comfortably  watch  the  reception  and  deposit  of  every  ballot  cast  at  such  election, 
and  the  full  and  final  canvass  of  the  ballots  cast  and  the  signing  of  the  proper 
certificates.  In  the  canvass  of  the  said  ballots,  upon  the  demand  of  a  watcher 
therefor,  any  ballot  may  be  presented  to  him  for  inspection,  but  no  ballot  shall 
at  any  time  be  taken  by  a  watcher  from  the  hands  of  the  inspectors.  The 
voting  shall  be  wholly  by  ballot,  which  shall  be  of  white  book  paper,  cut  three 
inches  in  width  and  four  inches  in  length,  designated  as  follows :  For  school 
commissioner  of   district   number  (the  number  of   the   electing  district 

being  inserted  in  the  blank  after  number),  which  may  be  printed  or  written, 
and  the  name  of  the  candidate  shall  be  printed  or  written  near  the  middle  of 
the  ballot  and  below  the  designation.  The  ballot,  when  cast,  shall  be  so  folded 
that  no  printing  or  writing  shall  be  exposed  to  view.  The  vote  or  ballot  of  any 
person  offered  at  such  election  shall,  upon  challenge  by  any  lawful  voter  thereat, 
be  rejected,  unless  he  be  sworn  as  to  his  qualifications  as  such  voter ;  and  the 
presiding  officer  shall  administer  an  oath  to  such  person  and  to  any  other  person 
offering  to  vote  as  he  may  deem  advisable,  to  the  eft'ect  that  he  will  true  answers 
make  to  such  questions  as  shall  be  put  to  him  touching  his  qualifications  as  a 
voter  and  his  right  to  vote  at  such  election,  and  such  presiding  officer  shall 
thereafter  examine  him  as  to  such  (|ualifications  and  his  right  to  vote.  If  he 
shall  swear  to  the  necessary  qualifications  of  a  voter,  his  vote  shall  then  be 
received  and  deposited.  If  the  person  sworn  and  examined  intentionally  swears 
falsely  as  to  his  qualifications  as  a  voter  he  shall  be  deemed  guilty  of  perjury 
and  shall,  on  conviction,  be  punished  as  now  prescribed  by  law  for  the  crime 
of  perjury.  The  presiding  officer  shall  provide  a  ballot  box  for  the  reception  of 
ballots.  Each  ballot  shall,  by  the  person  offering  tlic  same,  be  delivered  to  the 
presiding  officer,  who  shall  at  once,  unless  it  be  challenged  or  he  deem  it  advisable 
to   administer   the    oath    under   the    provisions    hereinbefore    made,    deposit    the 


EDUCATION    CODE  95 

same  in  the  ballot  box.  At  the  close  of  the  polls  at  such  election  the  presiding 
officer  and  the  inspectors  in  each  election  district  shall  immediately  make  a  true 
and  correct  count  of  the  ballots  cast  within  such  district,  which  count  shall 
thereupon  be  publicly  declared  by  said  presiding  officer,  who,  with  such  in- 
spectors, shall  make  and  file  with  the  clerk  of  the  city  of  Elmira,  within 
twenty-four  hours  next  succeeding  the  close  of  such  election,  their  certificace 
of  the  whole  number  of  votes  cast  thereat,  and  the  number  received  by  each 
candidate,  together  with  the  poll  list  of  the  election  in  such  district,  certified 
by  them  to  be  correct  and  accurate.  The  person  receiving  the  greater  or  greatest 
number  of  votes  in  each  commissioner  district  shall  be  duly  elected  as  commis- 
sioner from  such  district.  Every  presiding  officer  or  inspector  of  such  election 
who  shall  intentionally  omit,  neglect  or  refuse  to  do  any  act  required  by  this  sec- 
tion, or  who  shall  intentionally  do  any  act  forbidden  herein,  shall  be  guilty  of  a 
misdemeanor.  The  board  of  education  may.  if  they,  at  any  election  of  school 
commissioners,  deem  it  necessary,  designate  more  than  one  polling  place  in  any 
commissioner  district  and  divide  the  district  with  respect  to  such  polling  place  or 
places.  No  person  not  a  resident  of  the  commissioner  district  for  which  an 
election  of  commissioner  shall  be  held  shall  be  eligible  to  vote  at  such  election; 
and  in  case  the  board  of  education  shall  designate  more  than  one  polling  place  in 
any  commissioner  district  and  divide  the  district  with  respect  to  such  polling  place 
or  polling  places  as  hereinbefore  provided,  no  persons  shall  vote  except  at  the 
polling  place  therein,  which  shall  be  within  the  subdivided  district  as  prescribed 
by  said  board  of  education  within  which  subdivided  district  said  person  shall  re- 
side.    (As  amended  by  L.  i8()6,  ch.  yio.) 

§  5  On  the  Monday  next  preceding  the  second  Tuesday  of  October,  1895,  and 
annually  thereafter,  on  the  Monday  next  preceding  the  second  Tuesday  of  Octo- 
ber, the  common  council  of  said  city  shall  appoint  two  school  commissioners  for 
said  school  district  to  succeed  the  two  commissioners  appointed  by  the  common 
council,  whose  term  of  office  shall  at  that  time  expire.  The  persons  so  appointed 
shall  hold  their  office  from  the  time  of  their  appointment,  respectively,  until  the 
Monday  next  preceding  the  second  Tuesday  of  October  of  the  second  year  there- 
after, and  until  their  respective  successors  be  appointed  and  qualified  to  act. 
Within  ten  days  after  receiving  notice  of  his  election  or  appointment,  the  person 
so  elected  or  appointed  shall  take  the  oath  of  office  prescribed  by  the  constitution 
of  the  State,  and  file  the  same  with  the  clerk  of  the  city. 

§  6  All  vacancies  which  may  occur  in  said  board  of  education,  from  any  olher 
cause  than  the  expiration  of  their  term  of  office,  of  the  class  known  as  commis- 
sioners at  large,  or  commissioners  appointed  by  the  common  council  of  the  city  of 
Elmira,  shall  be  filled  by  the  common  council  in  the  same  manner  that  the  original 
appointments  are  made,  and  vacancies  occurring  in  like  manner  in  the  class  known 
as  district  commissioners  shall  be  filled  by  said  board  of  education.  The  commis- 
sioners so  appointed  shall  hold  their  offices  for  the  unexpired  term  of  those  whose 
places  they  are  chosen  to  fill.  Any  member  of  the  board  of  education  may  resign 
his  office  by  giving  five  days"  previous  notice  in  writing  to  the  mayor  of  the  city, 
who  mav.  if  he  deems  the  reason  sufficient,  accept  the  same. 


96  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

§  7  Any  member  of  the  board  of  education  may,  for  neglect  of  duty,  immoral 
conduct  or  official  misconduct,  be  removed  from  office  by  the  common  council  of 
the  city,  by  a  vote  of  two-thirds  present  at  any  regularly  called  meeting  thereof; 
but,  before  final  action  thereon,  a  written  copy  of  the  charges  preferred  against 
said  member  shall  be  served  upon  him,  and  he  shall  be  allowed  an  opportunity  to 
explain  or  refute  them. 

§  8  Annually  at  the  first  stated  meeting  of  the  board  of  education  held  after  the 
annual  election  and  appointment  of  school  commissioners  as  hereinbefore  pro- 
vided, they  shall  elect  one  of  their  number  president  of  the  board,  and  whenever 
he  shall  be  absent  or  unable  to  act,  they  shall  elect  a  president  pro  tempore.  The 
school  commissioners  shall  receive  no  compensation  for  their  services. 

§  9  The  board  of  education  shall  meet  for  the  transaction  of  business  as  often 
as  once  in  each  month,  and  may  adjourn  for  a  shorter  time.  Special  meetings 
may  be  called  by  the  president,  or  in  his  absence  or  inability  to  act,  by  any  member 
of  the  board,  as  often  as  necessary,  by  giving  personal  notice  to  each  member  of 
the  board,  or  causing  a  written  or  printed  notice  to  be  left  at  his  place  of  residence 
or  business,  at  least  twenty-four  hours  before  the  hour  for  such  special  meeting. 

§  10  The  board  of  education  shall  appoint  a  secretary  and  librarian,  who  shall 
hold  their  offices  during  the  pleasure  of  the  board,  and  whose  compensation  shall 
be  fixed  by  said  board;  and  the  same  person  may  hold  the  office  of  superintendent, 
secretary  and  librarian.  The  secretary  shall  keep  a  record  of  the  proceedings  of 
the  board,  and  perform  such  other  duties  as  the  board  may  prescribe.  The  libra- 
rian shall  have  charge  of  the  library  or  libraries  of  the  district,  and  may  appoint 
such  assistants  as  may  be  necessary,  from  time  to  time,  and  such  assistants  may  be 
removed  at  any  time  by  the  board  of  education. 

§  II  The  record  of  the  board  of  education,  or  a  transcript  thereof,  certified  by 
the  secretary,  shall  be  received  in  all  courts  as  prima  facie  evidence  of  the  facts 
therein  set  forth ;  and  such  record,  the  books,  accounts,  vouchers  and  papers  of  the 
said  board  shall  at  all  times  be  subject  to  the  inspection  of  the  common  council 
of  the  city,  or  any  committee  thereof. 

§  12  The  common  council  of  the  city  of  Elmira  shall  have  power,  and  it  shall 
be  their  duty,  to  raise,  from  time  to  time,  by  tax,  to  be  levied  upon  all  the  real  and 
personal  estate  in  said  school  district,  which  shall  be  liable  to  taxation  for  town 
or  county  charges,  such  sums  as  may  be  determined  upon,  and  certified  by  the 
board  of  education,  to  be  necessary  and  proper,  for  any  or  all  the  following  pur- 
poses, for  the  current  year : 

1  To  purchase,  lease,  or  improve  sites  for  schoolhouses. 

2  To  build,  purchase,  lease,  alter  and  repair  schoolhouses,  outhouses,  and 
appurtenances  thereunto  belonging. 

3  To  purchase,  exchange,  improve  and  repair  school  apparatus. 

4  To  procure  fuel,  and  defray  the  necessary  expenses  of  keeping  the  school- 
houses  in  order,  exclusive  of  repairs,  including  insurance. 

5  To  defray  the  contingent  expenses  of  the  public  schools,  and  the  district  li- 
brary or  libraries,  including  salary  of  librarian  and  superintendent. 


EDUCATION    CODE  97 

6  To  defray  the  contingent  expenses  of  the  board  of  education,  including  the 
salary  of  the  secretary  thereof. 

7  To  pay  teachers'  wages,  after  the  application  of  the  public  money  appropri- 
ated by  law  for  that  purpose. 

8  To  pay  charges  or  expenses  incurred  by  law,  or  necessary  to  carry  this  act  into 
effect,  or  to  refund  loans  contracted  by  law,  and  to  pay  the  interest  thereon,  or  to 
pay  such  sums  as  shall  be  required  to  fulfill  any  contract  duly  made  under  the 
provisions  of  this  act. 

§  13  The  aforesaid  tax  to  be  levied  and  collected  by  virtue  of  this  act  shall  be 
levied  and  collected  in  the  same  manner  by  the  city  chamberlain,  and  at  the  same 
time  that  State  and  county  taxes  are,  and  the  powers,  duties  and  liabilities  of  the 
city  chamberlain,  and  his  sureties  shall  be  the  same  in  reference  to  the  collection 
of  this  tax  as  for  city  taxes,  and  his  jurisdiction  shall  extend  under  this  act  to  all 
territory  embraced  in  the  said  school  district.     (As  amended  by  L.  igii,  ch.  522.) 

^  14  The  money  raised  for  the  purposes  of  school  sites,  and  the  building,  re- 
pairing and  furnishing  of  schoolhouses,  shall  be  known  as  the  "  the  special  school 
fund,"  and  all  other  moneys  as  the  "  general  school  fund,"  and  it  shall  be  the  duty 
of  the  board  of  education  to  keep  accurate  accounts  of  its  receipts  and  expendi- 
tures, distinguishing  between  those  of  a  general  and  those  of  a  special  character ; 
and  it  shall  not  be  lawful  to  expend  any  portion  of  the  money  raised  for  the  use 
of  one  of  said  funds  for  the  purposes  of  the  other  of  said  funds,  except  by  per- 
mission of  the  common  council. 

§  15  All  moneys  raised  pursuant  to  the  provisions  of  this  act,  and  all  school 
moneys  by  law  appropriated  to  or  provided  for  said  school  district,  shall  be  paid 
to  the  chamberlain  of  said  city,  who,  together  with  the  sureties  upon  his  official 
bond,  shall  be  accountable  therefor,  in  the  same  manner  as  for  other  funds  of 
said  city,  and  the  common  council  in  fixing  the  amount  of  the  chamberlain's  sure- 
ties, shall  include  the  moneys  received  by  virtue  of  this  act.  The  said  city  cham- 
berlain shall  be  liable  to  the  same  penalties  for  official  misconduct  in  relation  to 
said  money  as  for  any  similar  misconduct  in  relation  to  other  moneys  of  said 
city. 

§  16  All  money  raised  by  virtue  of  this  act,  or  received  from  any  other  source, 
for  the  use  of  the  public  schools,  shall  be  deposited  with  the  city  chamberlain  for 
the  safekeeping  thereof  to  the  credit  of  the  "  board  of  education  "  until  drawn  as 
hereinafter  provided  for,  and  the  said  chamberlain  shall  keep  the  account  of  funds 
thus  deposited  with  him  separate  and  distinct  from  any  other  funds  which  he  is  or 
may  be  authorized  to  receive. 

§  17  The  city  chamberlain  shall  pay  out  the  moneys  received  by  him  by  virtue 
of  this  act  only  upon  drafts  drawn  by  the  president  and  countersigned  by  the  sec- 
retary of  the  board  of  education,  which  draft  shall  not  be  drawn  except  in  pur- 
suance of  a  resolution  or  resolutions  of  said  board,  and  shall  be  made  payable  to 
the  person  or  persons  entitled  to  receive  the  money  thereon,  and  shall  state  on 
what  account  said  draft  is  drawn. 

§  18  The  board  of  education  may  cause  a  suit  or  suits  to  be  prosecuted  in  the 
name  of  the  common  council  of  the  city  of  Elmira,  upon  official  bond  of  the  city 
4 


^■8  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

chamberlain  of  said  city,  for  any  default,  delinquency  or  official  misconduct  in 
relation  to  the  collection,  safekeeping  and  payment  of  any  money  in  this  act 
mentioned. 

§  19  The  said  board  of  education  shall  have  power,  and  it  shall  be  their  duty : 

1  To  organize,  establish  and  maintain  such  and  so  many  schools  in  said  "  school 
district  "  as  they  shall  deem  requisite  and  expedient,  and  to  alter  and  discontinue 
the  same. 

2  To  purchase  and  hire  schoolhouses  and  rooms,  lots  or  sites  for  schoolhouses, 
and  to  fence  and  improve  them. 

3  Upon  such  lots  and  sites  owned  by  said  city  to  build,  enlarge,  alter,  improve 
and  repair  schoolhouses,  outhouses  and  appurtenances  as  they  may  deem  advis- 
able ;  and  for  the  purchase  of  said  lots  and  the  building  and  enlargement  of  such 
schoolhouses  upon  obtaining  the  consent  of  two-thirds  of  the  common  council  of 
said  city  by  a  vote  thereof  duly  taken  and  recorded,  to  issue  the  bonds  of  the  city 
of  Elmira  to  an  amount  outstanding  at  any  one  time,  not  exceeding  $250,000. 
payable  within  twenty-five  years  from  the  issue  thereof,  v^ath  interest  thereon  at 
not  exceeding  6  per  cent,  which  bonds  shall  be  signed  by  the  mayor  of  said  city 
and  the  president  of  said  board,  and  shall  have  affixed  thereto  the  respective  seals, 
attested  by  the  respective  clerks  of  said  city  and  said  board,  and  may  have  at- 
tached thereto  coupons  or  warrants  for  the  payment  of  interest,  which  may  be 
made  payable  semiannually  but  such  bonds  shall  not  be  sold  for  less  than  par 
value,  with  accrued  interest,  from  the  date  thereof. 

4  To  purchase,  exchange,  improve  and  repair  school  apparatus,  books,  furni- 
ture and  appendages,  and  to  provide  fuel  for  the  schools,  pay  the  necessary  insur- 
ance on  buildings  and  school  property,  and  to  defray  the  contingent  expenses  of 
the  school  library. 

5  To  have  the  custody  and  safekeeping  of  the  schoolhouses  and  all  school  prop- 
erty belonging  to  said  school  district,  and  to  see  that  the  ordinances  of  the  com- 
mon council  in  relation  thereto  be  observed. 

6  To  contract  with,  examine,  license  and  employ  all  teachers  in  said  schools, 
and  at  their  pleasure  remove  them. 

7  To  pay  the  wages  of  such  teachers  and  the  superintendent  out  of  the  money 
appropriated  and  provided  by  law  for  the  support  of  common  schools  in  said 
school  district,  or  by  this  act. 

8  To  defray  the  contingent  expenses  of  the  said  board  of  education,  the  salary 
of  the  secretary  thereof  and  the  librarian. 

9  To  have  in  all  respects  the  superintendence,  supervision  and  management  of 
the  public  schools  of  said  district,  and  from  time  to  time  adopt,  alter,  modify  and 
repeal,  as  they  may  deem  expedient,  rules  and  regulations  for  their  organization, 
government  and  instruction,  or  the  reception  of  pupils  and  their  transfer  from 
one  class  to  another,  or  from  one  school  to  another,  and  generally  for  their  good 
order,  prosperity  and  utility. 

10  Whenever  in  the  opinion  of  the  board  of  education  it  may  be  advisable  to 
sell  any  of  the  schoolhouses,  lots  or  sites,  or  any  of  the  school  property  now  or 
hereafter  belonging  to  the  corporation,  to  report  the  same  to  the  common  council. 


EDUCATION    CODE  99 

1 1  To  prepare  and  report  to  the  common  council  such  ordinances  and  regula- 
tions as  may  be  necessary  and  proper  for  the  protection,  safekeeping,  care  and 
preservation  of  schoolhouses,  lots,  and  all  property  belonging  to  the  city,  con- 
nected with  or  appertaining  to  the  schools,  and  to  suggest  proper  penalties  for  the 
violation  of  such  ordinances  and  regulations;  and  on  or  before  the  day  for  the 
first  regular  meeting  of  the  common  council  in  October  in  each  year  to  determme 
and  certify  to  the  common  council  the  sums  in  their  opinion  necessary  or  proper 
to  be  raised  under  the  twelfth  section  of  this  act  for  the  year  commencing  on  the 
1st  day  of  January  thereafter  specifying  the  amount  required  for  each  of  the  pur- 
poses therein  mentioned.  (As  amended  by  L.  ipo^f,  eh.  i8g;  L.  igio,  ch.  464;  L. 
191 1,  ch.  522.) 

12  From  time  to  time  to  adopt,  amend  or  repeal  such  by-laws,  rules  and  regu- 
lations respecting  the  meetings  of  said  board  and  the  transaction  of  its  affairs  as 
may  be  deemed  proper. 

§  20  Upon  the  reception  of  the  report  of  the  board  of  education  by  the  com- 
mon council  of  the  city  of  Elmira  in  relation  to  the  amount  of  money  necessary 
for  school  purposes,  as  directed  to  be  made  in  preceding  section  the  common 
council  shall  proceed  to  consider  the  same  and  approve,  increase  or  diminish  any 
or  all  of  said  estimates ;  provided,  however,  that  the  aggregate  amount  shall  not 
fall  below  a  sum  sufficient  to  defray  all  the  necessary  expenses  for  the  support  of 
the  public  schools  in  the  school  district  of  Elmira  for  the  succeeding  year.  After 
having  fixed  the  amount  to  be  expended  for  each,  and  all  the  purposes  mentioned 
in  the  last  preceding  section,  the  same  shall  be  certified  to  the  board  of  education 
who  shall,  during  such  fiscal  year,  limit  the  expenditures  for  such  purpose,  so 
that  the  same  shall  not  exceed  the  appropriation;  and  the  common  council  shall 
also  certify  to  the  board  of  supervisors  on  or  before  the  15th  day  of  November  in 
each  year  the  amount  to  be  expended  as  aforesaid;  and  the  board  of  supervisors 
shall  place  the  same  so  certified  in  the  county  tax  levy  and  shall  levy  and  assess 
the  amounts  so  certified  in  the  same  manner  as  moneys  raised  for  the  health  and 
public  relief  departments  and  general  election  expenses.  {As  amended  by  L. 
JQII,  ch.  322.) 

§  21  Between  the  ist  and  15th  days  of  August  in  each  year  the  board  of  educci- 
tion  shall  make  and  transmit  to  the  State  Superintendent  of  Public  Instruction  a 
report  of  the  condition  of  the  schools  under  their  supervision  in  such  form  and 
embracing  such  statistics  as  the  said  Superintendent  and  the  laws  of  the  State 
require. 

§  22  The  academy  which  now  is,  and  any  academy  or  high  school  which  may 
hereafter  be,  connected  with  the  public  school  system  of  said  school  district  shall 
l)e  subject  to  the  visitation  of  the  Regents,  and  shall  be  entitled  to  participate  in 
the  distribution  of  the  income  of  the  literature  and  other  funds  in  the  same  man- 
ner ant)  upon  the  same  conditions  as  other  academies  of  the  State;  and  the  Re- 
gents of  The  University  of  the  State  of  Xew  York  shall  pay  annually  to  the 
board  ot  education  of  Elmira.  the  distributive  share  of  the  said  funds  to  which 
the  said  academv  shall  be  entitled. 


ICX)  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

§  23  The  schools  provided  for  under  this  act  shall  be  free  to  pupils  between 
the  ages  of  5  and  21  years,  who  are  actual  residents  of  said  school  district.  The 
board  of  education  shall  decide  all  questions  of  residence  arising  under  this  sec- 
tion. The  said  board  may  allow  the  children  of  nonresidents  to  attend  the  schools 
of  said  district,  and  shall  prescribe  the  rates  for  the  tuition  of  such  nonresidents, 
and  also  for  all  pupils  over  21  years  of  age. 

§  24  The  said  board  of  education  shall  be  trustees  of  the  school  libraries  of 
said  school  district,  and  all  the  provisions  of  law  which  are  now  in  force,  or  here- 
after may  be  passed,  relative  to  school  libraries,  shall  apply  to  said  board  of  edu- 
cation in  the  same  manner  as  if  they  were  trustees  of  a  school  district.  They 
shall  be  vested  with  the  same  discretion  as  to  the  disposition  of  moneys  appropri- 
ated by  the  laws  of  this  State  for  the  purchase  of  libraries  which  is  therein  con- 
ferred on  the  inhabitants  of  school  districts,  and  they  shall  have  power  to  pur- 
chase, exchange,  repair  or  dispose  of  any  books  or  other  property  of  said  libraries, 
or  cause  it  to  be  done,  and  apply  the  proceeds  to  the  purchase  of  other  books  or 
apparatus;  also  to  provide  suitable  rooms  and  furniture  for  said  libraries. 

§  25  The  title  of  the  schoolhouses.  sites,  furniture,  books,  and  all  other  school 
property,  belonging  to  the  said  school  district,  shall  be  vested  in  the  city  of  Elmira ; 
and  the  same,  while  used  or  appropriated  for  school  purposes,  shall  not  be  levied 
on  or  sold  by  virtue  of  any  warrant  or  execution,  nor  be  subject  to  taxation  for 
any  purpose  whatever;  and  the  said  city,  in  its  corporate  capacity,  shall  be  com- 
petent to  take,  hold,  and  dispose  of  any  real  or  personal  estate  transferred  to  it 
by  grant,  gift,  bequest  or  devise,  for  the  use  of  the  schools  of  said  school  district, 
whether  the  same  be  transferred  in  terms  to  said  city  by  its  proper  style,  or  by 
any  other  designation,  or  to  any  person  or  persons,  or  corporation,  for  the  use  of 
said  schools. 

§  26  The  common  council,  may  upon  the  recommendation  of  the  board  of 
education,  sell  any  of  the  property,  including  existing  sites,  held  by  virtue  of  this 
act,  upon  such  terms  as  they  shall  deem  most  advantageous ;  and  the  proceeds 
of  all  such  sales  shall  be  paid  to  the  chamberlain  of  the  city,  and  shall  be  by 
said  board  of  education  expended  in  the  jiurchase,  repair  or  improvement  of 
schoolhouses,  sites,  or  appurtenances,  furniture  or  apparatus. 

§  27  It  shall  be  the  duty  of  said  board  of  education,  at  least  fifteen  days  pre- 
vious to  each  annual  election  for  commissioners,  to  prepare  and  report  to  the 
common  council,  a  true  and  correct  statement  of  the  receipts  and  disbursements 
under  the  provisions  of  this  act  during  the  preceding  year,  in  which  account  shall 
be  stated  under  appropriate  heads : 

T   Money  raised  by  the  common  council  under  the  twelfth  section  of  this  act. 

2  The  school  moneys  received  by  the  chamberlain  of  the  city  from  the  county 
treasurer. 

3  The  moneys  received  by  the  chamberlain  of  the  city  under  the  twelfth  sec- 
tion of  this  act. 

4  All  other  moneys  received  l)y  the  said  city  chamberlain,  subject  to  the  order 
of  the  board  of  education,  specifying  the  sources  from  which  they  shall  have 
been  derived. 


EDUCATION    CODE  lOI 

5  The  manner  in  which  such  sums  of  money  shall  have  been  expended,  specify- 
ing the  amount  under  each  head  of  expenditure ;  and  the  common  council  shall, 
ten  days  before  such  election,  cause  the  same  to  be  published  in  one  or  more 
of  the  newspapers  of  said  city. 

§  28  The  common  council  shall  have  power,  and  it  shall  be  their  duty,  to 
pass  such  ordinances  and  regulations  as  the  board  of  education  may  report  as 
necessary  for  the  protection,  preservation,  safekeeping  and  care  of  schoolhouses, 
lots,  libraries  and  property  belonging  to  or  connected  with  the  schools  of  said 
school  district,  and  to  impose  proper  penalties  for  the  violation  thereof,  subject 
to  the  restrictions  and  limitations  contained  in  the  act  to  incorporate  said  city; 
and  all  such  penalties,  and  all  others  by  this  act  imposed,  shall  be  collected  in 
the  same  manner  that  the  penalties  for  violations  of  the  city  ordinances  are  by 
law  collected;  and,  when  collected,  shall  be  paid  to  the  chamberlain  of  the  city 
to  the  credit  of  the  board  of  education,  and  shall  be  subject  to  their  order  in  the 
same  manner  as  other  moneys  raised  pursuant  to  the  provisions  of  this  act. 

§  29  It  shall  be  the  duty  of  the  city  clerk  with  due  diligence  after  the  appoint- 
ment of  commissioners  by  the  common  council  and  after  receiving  notice  of  elec- 
tion in  the  districts,  personally  or  in  writing  to  notify  the  persons  chosen  of  their 
appointment  or  election ;  and  any  person  who,  without  sufficient  cause,  shall 
refuse  to  serve  therein  shall  forfeit  the  sum  of  ten  dollars,  and  every  person  so 
elected  or  appointed  and  not  having  refused  to  accept,  who  shall  neglect  to  dis- 
charge the  duties  of  such  office,  shall  forfeit  the  sum  of  twenty  dollars  to  said 
board  of  education.  It  shall  be  the  duty  of  said  board  of  education  forthwith  to 
prosecute  for  all  forfeitures  and  penalties  under  this  act  when  voluntary  payment 
is  refused,  and  when  received,  to  apply  the  same  to  the  purposes  of  education  in 
said  district.  All  officers  mentioned  in  this  act  shall  be  deemed  public  officers 
within  the  intent  and  meaning  of  section  2  of  article  i  of  chapter  681  of  the  laws 
of  1892,  and  as  such  subject  to  the  conditions  therein  prescribed. 

§  30  The  superintendent  of  the  public  schools  of  said  school  district  may  be, 
ex  officio,  secretary  of  the  board  of  education.  He  shall  be  under  the  direction 
of  the  board  of  education,  and  they  shall  prescribe  his  general  duties.  In  addi- 
tion to  such  other  duties  as  may  be  devolved  upon  him  by  the  board,  in  the 
visitation  and  superintendence  of  the  schools,  he  shall  examine  the  qualifications 
of  teachers  and  grant  certificates  in  such  manner  and  form  as  may  be  prescribed 
by  the  State  Superintendent  or  by  the  board  of  education,  and  which  may  at  any 
time  be  revoked  by  said  board  of  education.  He  shall  be  paid  a  salary  out  of  the 
general  fund,  to  be  fixed  by  the  board  of  education,  and  may  be  removed  from 
office  by  the  vote  of  a  majority  of  all  the  members  of  the  said  board,  who  may, 
by  a  like  majority,  appoint  his  successor. 

§  31   All  the  acts  and  parts  of  acts  conflicting  or  inconsistent  with  the  provi- 
sions of  this  act  are  hereby  repealed,  so  far  as  they  aft"ect  this  act. 
§  32  This  act  shall  take  eft'ect  inmiediately. 


I02  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Chapter  86,  Laws  of  1907  ^ 

An  act  to  establish  a  retirement  fund  for  pensioning  teachers  of  the  pubHc  schools 
in  the  city  of  Ehnira,  and  to  regulate  the  collection,  management  and  disburse- 
ment thereof 

Section  i  The  general  care  and  management  of  the  public  school  teachers  re- 
tirement fund  is  hereby  given  to  the  board  of  education,  who  shall,  from  time  to 
time,  establish  such  rules  and  regulations  for  the  administration  of  said  fund  as 
it  may  deem  best,  and  said  board  shall  make  payments  from  said  fund  of  an- 
nuities granted  in  pursuance  of  this  act  when  so  directed  by  the  board  of  retire- 
ment. The  chamberlain  of  the  city  of  Elmira  shall  hold  and  invest  all  money  be- 
longing to  said  fund  in  such  investments  only  as  are  legal  for  savings  banks  in 
the  State  of  New  York  and  by  direction  of  said  board  of  education  shall  pay  out 
the  same,  and  he  shall  report  in  detail  to  the  board  of  education  of  the  city  of 
Elmira,  annually  in  the  month  of  May,  or  oftener  if  required  by  the  board  of 
education,  the  condition  of  said  fund  and  the  items  of  the  receipts  and  disburse- 
ments of  the  same. 

§  2  The  retirement  fund  shall  consist  of  the  following,  with  interest  and 
income  thereof : 

1  All  money,  pay,  compensation  or  salary,  or  any  income  thereof  forfeited, 
deducted,  reserved  or  withheld  for  any  cause  from  any  teacher  of  the  public 
schools  of  the  city  of  Elmira,  in  pursuance  of  rule  established  or  to  be  established 
by  the  board  of  education  of  the  city  of  Elmira.  The  board  of  education  shall 
certify  monthly  to  the  chamberlain  the  amounts  so  forfeited,  deducted,  reserved 
or  withheld  during  the  preceding  month.  Said  amounts  shall  be  turned  into  the 
said  retirement  fund. 

2  All  money  received  from  donations,  legacies,  gifts,  bequests  or  otherwise  for 
or  on  account  of  said  fund. 

3  The  sum  of  two  thousand  dollars  yearly  as  provided  for  by  the  common 
council  of  the  city  of  Elmira. 

4  One  per  centum  of  the  salaries  of  all  teachers  of  the  public  schools  of  the 
city  of  Elmira,  except  that  the  amount  deducted  from  the  salary  of  any  teacher 
shall  not  exceed  twelve  dollars  in  any  one  year.  The  board  of  education  shall  after 
September  i,  1907,  deduct  from  each  and  every  payroll  of  teachers,  said  one  per 
centum  of  each  and  every  amount  earned  in  the  period  covered  by  said  payroll, 
except  that  the  amount  deducted  from  any  one  salary  shall  not  exceed  twelve 
dollars  for  any  one  year.  The  board  of  education  shall  certify  monthly  to  the 
city  chamberlain,  the  amounts  so  deducted,  and  said  amounts  shall  be  turned  into 
the  said  retirement  fund.  Each  contract  made  by  the  board  of  education  with 
teachers,  shall  specify  that  one  per  centum  shall  be  deducted  as  provided  in  this 

*  The  teachers  of  this  city  have  abandoned  the  local  retirement  act  and  have  come  under 
the  general  law  relating  to  the  retirement  of  teachers  pursuant  to  section  log-b  of  the 
Education  Law.  The  act  has  not  been  specifically  repealed  but  by  the  action  of  the 
teachers  of  this  city  it  has  been  superseded  by  the  general  law. 


EDUCATION    CODE  IO3 

paragraph.  Any  teacher  who  shall  have  been  a  contributor  to  the  retirement 
fund  and  who  shall  retire  from  the  service,  not  being  in  receipt  of  an  annuity 
shall,  if  application  be  made  within  three  months  after  the  date  of  his  or  her  re- 
tirement, receive  three-fourths  of  the  total  amount  paid  by  him  or  her  into  the 
retirement  fund. 

5  x-Ml  such  other  methods  of  increment  as  may  bo  duly  and  legally  devised  for 
the  increase  of  said  fund. 

§  3  The  board  of  retirement  shall  consist  of  the  president  of  the  board  of 
education,  the  chairman  of  the  teachers  committee,  the  chairman  of  the  finance 
committee,  the  superintendent  of  schools  and  three  members  of  the  teaching 
staff  chosen  by  ballot  at  a  meeting  of  the  teachers,  called  some  time  during  the 
month  of  May  of  each  year  by  the  superintendent  of  schools.  At  this  meeting 
any  vacancy  in  the  members  of  the  retiring  board  to  be  chosen  from  the  teachers, 
shall  be  elected  by  ballot.  The  three  members  chosen  the  first  year  from  the 
teachers  shall  determine  by  lot  one  member  who  shall  serve  for  three  years,  one 
member  who  shall  serve  for  two  years,  and  the  remaining  member  shall  serve 
for  one  year  and  thereafter  one  member  shall  be  elected  each  year. 

§  4  On  the  recommendation  of  the  board  of  retirement  the. board  of  education 
shall  have  the  power  to  retire  any  of  the  teachers  of  the  public  schools  of  the  city 
of  Elmira  who,  in  the  discretion  of  the  board  of  education,  is  incapacitated  for  the 
performance  of  duty,  and  who  has  been  engaged  in  the  work  of  teaching  for  a 
period  aggregating  twenty  years,  fifteen  of  which  shall  have  been  in  the  public 
schools  of  the  city  of  Elmira.  The  board  of  education  may  retire  any  teacher 
who  shall  have  attained  the  age  of  sixty-five  years  and  shall  have  been  engaged 
in  the  work  of  teaching  for  a  period  aggregating  thirty  years.  On  recom- 
mendation of  the  board  of  retirement,  the  board  of  education  shall  retire  upon 
his  or  her  own  application  any  teacher  of  the  public  schools  of  the  city  of  Elmira 
who  has  been  engaged  in  the  work  of  teaching  for  a  period  aggregating  thirty 
years,  fifteen  of  which  shall  have  been  in  the  public  schools  of  the  city  of  Elmira. 

i^  5  Upon  such  retirement,  whether  voluntary  or  otherwise,  the  person  re- 
tired shall  be  entitled  to  receive  an  annuity  out  of  the  retirement  fund  of  one-half 
of  his  average  salary  paid  to  such  person  for  the  five  years  immediately  preceding 
retirement,  but  no  annuity  shall  exceed  the  sum  of  four  hundred  dollars.  Any 
person  retired  after  twenty  years  of  service,  but  with  less  than  thirty  years  of 
service,  shall  receive  an  annuity  which  bears  the  same  ratio  to  the  annuity  pro- 
vided for  on  retirement  after  thirty  years  of  service  as  the  total  number  of  years 
of  service  of  said  person  bears  to  thirty  years.  No  annuity  shall  be  paid  to  any 
teacher  who  has  not  paid  into  the  retirement  fund  at  least  twenty  per  centum  of 
his  or  her  annual  salary  at  the  time  of  retirement.  Any  teacher  who  teaches  in 
any  public  school  after  being  retired  shall  receive  no  benefit  from  said  fund  while 
so  teaching.  The  annuities  provided  for  by  this  act  shall  be  payable  in  monthly 
instalments.  If  the  moneys  in  the  retirement  fund  be  inadequate  at  any  time  to 
fully  carry   out  the  provisions  hereinabove  mentioned,  the  board   of  education 


104  "^^^    UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

Shall  then  distribute  said  moneys  pro  rata  to  the  persons  entitled  to  participate  in 
said  fund,  and  such  distribution  shall  be  in  full  of  all  annuities  then  due. 
8  6  The  term  "teacher"  shall  include: 

1  ^11  persons  regularly  employed  to  teach  in  the  public  schools  of  the  city  ot 
Elmira.  except  male  teachers  employed  in  the  high  school  of  Elmira. 

2  Those  principals  who  have  served  as  grade  teachers  m  the  public  schools  of 
the  city  of  Elmira  for  at  least  ten  years. 


FULTON 

Chapter  63,  Laws  of  1902 

An  act  to  incorporate  the  city  of  Fulton 

TITLE    VIII 

DEPARTMENT  OF  PUBLIC  INSTRUCTION 
Section  150  City,  permanent  school  district 

151  Outside   territory  to  constitute   separate  districts 

152  Children  of  separate  districts  may  attend  schools  of  city;  terms 

153  Board  of  education 

154  Appointment  of  members  of  board  of  education;  organization  of  board 

155  Superintendent  of  schools 

156  General  powers  and  duties  of  president 

157  Clerk  and  his  qualifications 

158  General  powers  of  board  of  education 

159  Powers  of  board  of  education  to  raise  tax  for  support  of  schools 

160  Payment  of  funds  to  chamberlain 

161  Power  of  board  of  education  to  purchase  sites,  et  cetera 

162  Annual  report  of  board  of  education 

163  State  Superintendent  to  apportion  State  moneys 

164  Common  council  to  pass  ordinances  for  protection  of  school  property 

165  Charges  against  members  of  board  of  education 

166  Report   of  superintendent  of  schools 

167  District  a  union  free  school 

Section  150  City,  permanent  school  district.  The  said  city  of  Fulton  shall 
form  a  permanent  school  district,  and  shall  not  be  subject  to  alteration  by  the 
district  school  commissioner  of  common  schools.  Such  district  shall  be  entitled 
to  all  the  rights,  powers,  privileges,  public  moneys  and  other  benefits  conferred 
upon  school  districts  by  law  or  other  State  authority,  and  shall,  except  as  other- 
wise provided  in  this  act,  be  subject  to  all  the  rules,  regulations,  powers  of 
inspection  and  superintendence  prescribed  by  law  applicable  to  school  districts 
in  cities. 

§  151  Outside  territory  to  constitute  separate  districts.  All  that  territory 
in  the  town  of  X'olney  outside  the  corporate  limits  of  said  city,  now  constituting 
a  portion  of  union  free  school  district  number  i  of  the  town  of  Volney,  and 
all  that  territory  in  the  town  of  (iranby  outside  the  corporate  limits  of  said  city, 
now  constituting  a  portion  of  union  free  school  district  number  2  of  the  town 
of  (Iranby,  are  hereby  constituted  separate  school  districts  of  said  towns  respec- 
tively. Said  districts  shall  possess  the  same  powers  and  privileges,  and  be  subject 
to  the  same  liabilities,  as  other  school  districts  in  said  towns. 

§  152  Children  of  separate  districts  may  attend  schools  of  city;  terms. 
The  children  residing  in  the  separate  school  districts  constituted  by  the  last 
preceding  section  shall  be  admitted  to  the  schools  of  said  city  and  treated  in 

(105I 


IC6  THE    UNIVERSITY   OF   THE    STATE    OF    NEW    YORK 

all  respects  the  same  as  children  residing  in  said  city,  so  long  as  said  districts 
shall  remain  as  constituted  by  the  last  preceding  section,  not  however,  exceeding 
a  period  of  ten  years.  Said  districts  shall  pay  for  each  child  so  admitted  to 
said  schools,  a  sum  per  capita  equal  to  the  cost  per  capita  to  said  city  of  all 
children  attending  the  schools  of  said  city.  The  amount  chargeable  to  said 
districts  shall  be  certified  annually  to  each  district  by  the  board  of  education 
of  the  city  of  Fulton.  Said  districts  shall  apply  on  such  sum  so  certified,  all 
State  school  funds  allotted  to  said  districts,  and  the  balance  thereof  shall  be 
assessed,  levied  and  collected  by  each  such  district  in  the  same  manner  as 
ordinary  school  expenses  of  other  school  districts  in  Oswego  county  are  assessed, 
levied  and  collected.  Said  sums,  when  so  received  and  collected,  shall  be 
paid  over  to  the  city  chamberlain,  and  by  him  credited  to  the  school  fund  of  the 
city. 

§  153  Board  of  education.  The  affairs  of  said  school  district  of  the  city 
of  Fulton  shall  be  managed  by  a  board  of  seven  members,  to  be  appointed  in 
the  manner  provided  in  this  act,  which  board  shall  be  known  and  designated 
as  the  board  of  education  of  the  city  of  Fulton.  Said  board  and  its  successors 
shall  possess  all  the  powers  conferred,  and  discharge  all  the  duties  imposed  by 
this  act,  or  by  any  general  law  of  the  State  relating  to  school  districts  in  cities, 
or  relating  to  boards  of  education  of  such  districts,  and  not  inconsistent  with 
the  provisions  of  this  act.  The  title  to  all  real  estate  and  personal  property 
now  belonging  to  union  free  school  district  number  i  of  the  town  of  Volney, 
and  union  free  school  district  number  2  of  the  town  of  Granby,  is  hereby  vested 
in  the  city  of  Fulton :  and  all  moneys  and  funds  belonging  to  said  districts  shall 
be  paid  over  and  delivered  to  the  chamberlain  of  said  city,  and  credited  by  him 
to  the  school  fund  of  said  city.  All  the  rights,  powers,  privileges,  contracts, 
obligations  and  liabilities  of  said  union  free  school  districts  are  hereby  trans- 
ferred to,  vested  in  and  imposed  upon  the  city  of  Fulton;  and  the  rights  and 
privileges  of  all  persons  that  may  have  arisen  or  accrued  prior  to  the  passage 
of  this  act  shall  remain  and  be  enforced  by  or  against  the  city  of  Fulton, 
in  the  same  manner  and  witli  like  effect  as  the  same  might  have  been  enforced 
by  or  against  the  board  of  education  of  union  free  school  district  number  i 
of  the  town  of  Volney  and  union  free  school  district  number  2  of  the  town 
of  Granby  if  this  act  had  not  been  passed;  subject,  however,  to  the  provisions 
of  this  act. 

§  154  Appointment  of  members  of  board  of  education;  organization  of 
board.  On  or  before  the  ist  day  of  May  1902,  the  mayor  of  said  city  shall 
appoint  seven  members  of  the  board  of  education,  as  follows:  two  members 
whose  terms  shall  expire  January  i,  1903,  two  members  whose  term  shall  expire 
January  i,  1904,  and  two  members  whose  terms  shall  expire  January  i,  1905; 
one  of  said  members  shall  be  ap])ointed  from  each  ward  of  the  city,  and  shall 
reside  therein  ;  he  shall  also  api)oint  one  member  from  the  city  at  large,  whose 
term  shall  expire  January  i,  1904.  Thereafter,  and  on  or  ten  days  prior  to  the 
1st  day  of  January  in  each  year,  the  mayor  shall  aj^point  members  to  fill  the 
terms  then  expiring;  the  ward  members   for  the  term  of   three  years,  and  the 


EDUCATION    CODE  I07 

member  at  large  for  the  term  of  two  years.  The  said  members  of  the  board 
of  education  shall  meet  on  the  first  Tuesday  in  May,  1902,  and  elect  one  of 
their  number  as  president,  who  shall  hold  office  until  January  i,  1904.  Each 
two  years  thereafter,  at  the  first  meeting  in  January,  said  board  shall  elect  one 
of  its  members  president,  who  shall  hold  said  office  for  the  ensuing  two  years. 

§  155  Superintendent  of  schools.  The  said  board  of  education,  on  the  first 
Tuesday  of  May,  1902,  shall  appoint  a  superintendent  of  schools,  whose  term 
shall  expire  January  i,  1904.  Thereafter,  and  at  its  first  meeting  in  January, 
of  each  even  numbered  year,  said  board  shall  appoint  a  successor  to  said  super- 
intendent of  schools,  for  the  term  of  two  years.  Such  superintendent  shall  be 
under  the  direction  of  the  said  board  of  education,  which  shall  prescribe  his 
powers  and  duties ;  he  shall  be  paid  from  the  school  fund  a  salary,  to  be  fixed 
by  the  board  of  education.  Whenever  such  superintendent  shall  be  appointed, 
the  said  school  district  shall  be  entitled  to  the  benefits  of  the  provisions  of  section 
5  of  title  2  of  article  i  of  chapter  556  of  the  Laws  of  1894. 

§  156  General  powers  and  duties  of  president.  The  president  of  the  board 
of  education  shall  preside  over  meetings  of  the  board,  when  present,  and  perform 
such  executive  acts  and  duties  as  is  required  by  this  act  and  general  laws,  and 
such  other  lawful  business  as  shall  be  given  him  or  her  in  charge  by  said  board. 

§  157  Clerk  and  his  qualifications.  The  superintendent  of  schools  shall  be 
clerk  of  the  board  of  education,  and  shall  act  as  secretary  and  keep  the  minutes 
of  said  board,  and  shall  perform  such  other  duties  as  may  be  required  by  this 
act  and  the  general  school  laws  of  the  State,  and  such  other  duties  as  the  board 
may  prescribe. 

§  158  General  powers  of  the  board  of  education.  Subject  to  the  provisions 
of  this  act  and  of  the  general  Consolidated  School  Laws,  the  board  of  educa- 
tion of  the  city  of  Fulton  shall  have  power: 

1  To  alter,  improve  and  repair  schoolhouses  and  appurtenances,  as  it  may 
deem  advisable. 

2  To  purchase,  sell  or  exchange,  improve  and  repair  school  apparatus,  books, 
furniture  and  appendages,  and  to  defray  the  necessary  expenses  attending  the 
same. 

3  To  have  the  custody  and  safekeeping  of  the  school  buildings,  lots,  outhouses, 
books,  furniture  and  appendages,  and  to  see  that  the  ordinances  and  by-laws  of 
said  city  in  regard  thereto  are  enforced,  and  any  violation  thereof  punished. 

4  To  contract  with  and  employ  all  necessary  teachers  for  the  schools  of  the 
city,  under  such  conditions,  rules  and  regulations  as  may  be  established  by  the 
board,  provided  that  such  rules  and  regulations  are  in  accord  with  the  general 
school  laws  of  the  State  and  the  rules  and  regulations  established  by  the  Depart- 
ment of  Public  Instruction  of  the  State. 

5  To  pay  the  salaries  of  superintendent  of  schools  and  teachers  out  of  any 
moneys  appropriated  or  provided  by  law  for  that  purpose. 

6  To  defray  the  necessary  expenses  of  the  board  and  district,  including  the 
wages  of  janitors  and  other  assistants  and  employees,  and  incidental  expenses. 

7  To  expend  all  moneys,  raised  by  virtue  of  this  act,   for  purchasing  sites, 


I08  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

erect  or  enlarging  schoolhouses.  or  for  other  purposes,  in  such  manner  as  may 
be  deemed  advisable,  but  only  for  the  purposes  for  which  the  same  was  raised. 

8  To  license,  upon  the  recommendation  of  the  superintendent  of  schools  of 
said  city,  all  teachers  employed  in  the  schools  of  the  city,  in  the  same  manner 
and  with  like  effect  in  said  city,  as  school  commissioners  of  counties,  and 
to  fix  the  grade  of  State  licenses  of  teachers  that  shall  be  accepted  as  the 
minimum  requirement  for  teachers  in  said  city. 

9  To  take  and  appropriate  lands  and  other  real  property  within  said  city  for 
school  purposes,  upon  making  compensation  therefor  in  the  same  manner  and 
under  the  same  proceedings  as  prescribed  in  this  act,  and  as  conferred  upon  the 
board  of  public  works  for  opening  of  streets  and  highways. 

10  To  have,  to  the  exclusion  of  all  boards  and  officers,  except  the  Superin- 
tendent of  Public  Instruction  and  the  Regents  of  the  University  of  this  State, 
the  entire  supervision  and  management  of  the  schools  of  said  city ;  from  time 
to  time  to  adopt,  alter,  modify  or  repeal,  as  it  may  deem  expedient,  rules  and 
regulations  for  its  organization,  government,  and  instruction ;  for  the  reception 
of  pupils  and  their  transfer  from  one  schoolroom  or  schoolhouse  to  another; 
for  their  advancement  from  class  to  class  as  their  degree  of  scholarship  shall 
warrant,  and  generally  to  promote  the  good  order,  efficiency  and  prosperity  of 
all  the  schools  of  the  city. 

1 1  To  allow  the  childreu  or  persons  nonresidents  of  the  city  to  attend  any 
of  the  schools  therein  under  the  control  of  the  said  board,  upon  such  terms  as 
said  board  may,  by  resolution,  prescribe. 

12  To  establish  and  maintain  a  city  school  library  and  provide  suitable  rooms 
for  the  use  of  the  same;  to  exercise  the  same  discretion  as  to  the  disposition 
of  the  moneys  provided  by  law  for  the  purchase  of  libraries  as  is  conferred 
upon  the  inhabitants  of  school  districts. 

13  Other  than  as  provided  by  this  act,  to  exercise  all  the  powers  conferred 
upon  the  inhabitants  of  school  districts  at  school  district  meetings. 

14  Other  than  as  provided  in  this  act,  to  exercise  all  the  powers  conferred, 
and  all  the  duties  imposed  by  the  general  laws  of  the  state  applicable  to  boards 
of  education  in  cities.  The  records  of  the  proceedings  of  said  board,  or  a 
transcript  thereof,  certified  by  its  president  and  clerk,  shall  be  received  in  all 
courts  or  places  as  prima  facie  evidence  of  the  facts  therein  stated. 

§  159  Powers  of  board  of  education  to  raise  tax  for  support  of  schools. 
On  or  before  the  15th  day  of  October  in  each  year,  the  said  board  of  education 
shall  prepare  a  statement  of  such  sums  of  money  as  it  shall  deem  necessary 
during  the  fiscal  year  commencing  with  the  ist  day  of  January  next  ensuing, 
for  each  of  the  following  purposes : 

1  I' or  wages  of  superintendent  and  teachers,  after  applying  such  of  the  public 
school  and  other  moneys  as  may  be  applicable  thereto. 

2  For  the  maintenance  of  a  high  school,  if  one  shall  have  been  established, 
and  the  payment  of  the  teachers  thereof  after  applying  such  of  the  public  school 
and  other  moneys  as  may  be  applicable  thereto. 


EDUCATION    CODE  IO9 

3  For  the  repair  of  schoolhouses,  outhouses  and  grounds  with  the  appendages 
and  appurtenances. 

4  For  the  purchase,  repair  or  improvement  of  school  apparatus,  books,  fur- 
niture and  fixtures. 

5  P'or  the  purchase  of  fuel  and  lights  and  to  pay  contingent  expenses  of  the 
district,  including  the  salaries  of  janitors,  assistants,  employees,  and  incidental 
expenses. 

Before  the  meeting  of  the  board  of  education  at  which  the  aforesaid  state- 
ment is  prepared,  the  said  board  of  education  shall  give  to  the  mayor  official 
notice  thereof,  and  the  mayor  shall  attend  said  meeting  and  be  accorded  the 
right  of  inquiry  into  all  the  items  of  said  statement,  and  all  the  privileges  in 
said  meeting  of  the  members  of  said  board,  except  the  privilege  of  voting. 
Whenever  the  board  of  education  shall  finally  have  determined  on  the  statement 
of  expenses  itemized  as  heretofore  provided,  it  shall  present  the  same  to  the 
mayor  or  acting  mayor  of  the  city  of  Fulton.  If  the  mayor  or  acting  mayor 
approves  such  statement  he  shall  sign  it,  and  immediately  file  the  same  with  the 
city  clerk:  if  he  does  not  approve  any  item  therein,  he  shall  within  five  days 
return  the  statement  with  his  objection  indorsed  thereon  or  annexed  thereto, 
to  the  president  of  the  board  of  education.  Said  board  shall  then  proceed  to 
reconsider  such  statement,  and  if  two-thirds  of  the  members  then  in  office 
agree  to  sustain  the  statement  as  made,  it  shall  stand  as  if  it  had  been  approved 
by  the  mayor,  and  shall  be  immediately  filed  with  the  city  clerk.  If  two-thirds 
of  the  members  of  said  board  do  not  agree  to  sustain  the  statement  as  made, 
it  shall  be  modified  so  as  to  conform  to  the  views  expressed  by  the  mayor  in 
his  objection,  and  he  shall  then  sign  it  and  file  it  with  the  city  clerk.  If  the 
mayor  or  acting  mayor  fails  to  sign  a  statement  of  moneys  required  as  herein 
provided,  or  fails  to  return  within  five  days  after  its  submission,  said  statement 
with  his  objections  thereto  to  the  board  of  education,  said  statement  shall  be 
filed  with  the  city  clerk  in  the  same  manner  as  if  it  had  been  approved.  When 
such  statement  is  filed  with  the  city  clerk,  the  common  council  of  said  city  shall 
include  in  the  annual  tax  and  assessment  roll  for  the  ensuing  year  the  amount 
specified  in  said  statement  and  the  same  shall  be  collected  by  the  city  chamber- 
lain, who  shall  credit  the  same  to  the  general  school  fund  of  the  city. 

§  160  Payment  of  funds  to  chamberlain.  All  public  moneys  or  public  funds 
now  belonging  or  appropriated  to  the  use  of  said  school  district  number  i  of 
the  town  of  Volney,  or  of  said  school  district  number  2  of  the  town  of  Granby, 
shall  be  paid  to  the  chamberlain  of  said  city,  who  shall  keep  the  same  separate 
from  the  general  funds  of  the  city  and  shall  credit  to  the  school  fund  the  moneys 
or  property  belonging  thereto.  The  board  of  education  shall  disburse  all  the 
school  funds  of  said  district  by  orders  upon  the  chamberlain  signed  by  the 
president  and  countersigned  by  the  clerk  of  said  board ;  said  orders  shall  be 
numbered  consecutively,  and  shall  specify  the  purpose  for  which  they  are 
drawn  and  the  person  to  whom  payable.  Upon  request  from  said  board,  the 
chamberlain  shall  certify,  from  time  to  time,  the  balance  remaining  to  be  col- 
lected by  or  paid  to  him  for  school  purposes. 


no  THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

§  i6i  Powers  of  board  of  education  to  purchase  sites,  or  addition  to  any 
site,  or  erect  or  enlarge  any  school  building.  Whenever  the  board  of  education 
shall  resolve  by  an  affirmative  vote  of  two-thirds  of  its  members  that  it  is 
necessary  to  purchase  a  site  or  addition  to  any  site,  or  erect  any  school  building 
or  enlarge  any  school  building  already  erected,  it  shall  specify  in  such  resolution 
the  ward  within  which  such  site  is  to  be  purchased,  or  building  erected  or  enlarged, 
and  the  particular  svmi  required  for  each  separately.  The  board  of  education 
shall  then  deliver  a  certified  copy  of  such  resolution  to  the  common  council,  which 
shall,  within  thirty  days  of  the  receipt  of  said  resolution  call  a  special  election 
of  the  qualified  electors  of  said  city  to  vote  for  or  against  such  appropriations  as 
the  proposed  expenditures  will  impose.  Said  election  shall  be  conducted  and  the 
result  declared  and  certified  pursuant  to  the  provisions  and  manner  prescribed 
for  conducting  special  elections  provided  in  this  act.  In  case  a  majority  of  the 
votes  cast  be  in  favor  of  any  of  said  appropriations,  the  common  council  shall 
borrow  upon  the  faith  and  credit  of  said  city  the  aggregate  of  the  items  having 
such  majority,  or  any  part  thereof,  at  any  time  before  and  until  the  same  can 
be  provided  for  according  to  law.  The  common  council  shall  issue  bonds  of  the 
city  therefor. 

§  162  Annual  report  of  board  of  education.  It  shall  be  the  duty  of  the 
board  of  education,  on  or  before  the  ist  day  of  January  in  each  year,  to  make 
to  the  common  council  of  the  city  a  detailed  report  of  the  manner  in  which  it 
shall  have  expended  the  money  provided  for  and  appropriated  to  school  pur- 
poses from  any  source  during  the  last  fiscal  year ;  and  such  report  shall  be  pub- 
lished by  the  common  council  in  connection  with,  and  as  a  part  of,  the  annual 
report  of  the  financial  transactions  of  the  city,  which  they  are  required  by  law 
to  publish. 

§  163  State  Superintendent  of  Public  Instruction  to  apportion  State 
moneys.  It  shall  be  the  duty  of  the  Superintendent  of  Public  Instruction  of  the 
State,  to  apportion  for  the  use  of  the  said  board  of  education  of  the  city  of  Fulton 
such  portions  of  the  school,  school  library,  and  other  public  money,  as  it  shall 
be  entitled  to  by  its  annual  report,  in  the  same  manner  in  which  such  moneys  are 
apportioned  to  cities ;  and  the  amounts  to  which  it  shall  be  so  entitled  shall  be 
certified  to  the  county  treasurer  of  Oswego  county.  The  said  county  treasurer 
of  Oswego  county  shall  pay  over  to  the  city  chamberlain  of  the  city  of  Fulton, 
for  the  use  of  said  city,  such  proportion  of  the  school,  school  library,  and  other 
public  money  as  may  be  apportioned  by  law  or  by  the  Superintendent  of  Public 
Instruction  of  the  State  to  the  board  of  education  of  the  city  of  Fulton  for 
teachers'  wages,  school  library,  and  other  school  pur])oses. 

§  164  Common  council  shall  pass  ordinances  for  protection  of  school  prop- 
erty. The  common  council  of  the  city  of  Fulton  shall  have  the  power,  and  it 
shall  be  its  duty,  to  pass  such  ordinances  and  by-laws  as  the  board  of  education 
of  said  city  shall  report  necessary  for  the  protection,  safekeeping,  care  and 
preservation  of  the  school  buildings  and  other  school  property  of  said  district, 
and  to  impose  such  penalties  for  the  violation  of  the  same  as  it  shall  deem  proper. 

§    165  Charges  of  misconduct  or  neglect  of  duty  of  any  member  of  board 


EDUCATION    CODE  HI 

of  education.  Charges  of  misconduct  or  violation  or  neglect  of  duty  on  the 
part  of  any  member  of  the  board  of  education  may  be  presented  to  said  board 
by  any  member  thereof,  or  by  any  elector  of  the  city  of  Fulton,  and  such  charges 
shall  be  duly  examined  by  such  board,  at  a  regular  or  special  meeting,  of  which 
the  accused  member  shall  have  at  least  five  days'  notice,  but  at  which  meeting 
said  accused  member  shall  not  be  entitled  to  vote.  If  at  such  meeting,  after 
hearing  the  evidence  on  both  sides,  said  board  shall  deem  the  charges  against  the 
member  sustained,  then  all  the  papers  and  documents  in  the  case,  with  a  transcript 
of  the  proceedings  of  the  meeting,  shall  be  transmitted  by  the  clerk  of  the  board 
of  education  to  the  Superintendent  of  Public  Instruction  of  the  State ;  and  upon 
his  approval  of  the  findings  of  the  board,  the  accused  member  shall  be  removed 
and  his  place  deemed  vacant. 

§  166  Report  of  superintendent  of  schools.  The  superintendent  of  schools 
of  the  city  of  Fulton  shall  confer  with  and  act  under  the  direction  of  the  board 
of  education  of  said  city  in  the  performance  of  his  duties.  He  shall,  subject  to 
the  direction  of  said  board,  have  general  control  and  supervision  of  the  public 
schools  in  said  city,  and  of  the  teachers  employed  therein,  and  shall,  on  or  before 
the  1st  day  of  January  in  each  year,  or  at  such  other  time  or  times  as  shall  be 
required  by  said  board,  report  in  writing  to  the  board  of  education  on  the  fol- 
lowing subjects : 

1  The  whole  number  of  schools  within  the  jurisdiction  of  the  board  of  educa- 
tion, their  cleanliness  and  their  sanitary  condition. 

2  The  repairs  or  alterations,  if  any,  that  are  necessary  for  each  of  said  schools. 

3  The  condition  of  the  school  furniture,  apparatus  and  books,  in  the  several 
schools,  and  the  repairs  and  additions  thereto  that  may  be  necessary. 

4  The  number  of  teachers  employed  in  the  several  schools,  their  grade  of  work, 
and  their  efficiency,  with  suggestions  as  to  the  increase  or  decrease  in  the  number 
thereof. 

5  The  number  of  pupils  registered  in  each  school,  the  average  daily  attendance, 
and  also  the  number  of  pupils  enrolled  in  each  grade  in  the  several  schools. 

6  Such  changes  in  the  organization  and  curriculum  of  any  or  all  of  the  schools 
as  he  may  deem  advisable. 

7  Such  other  information  in  relation  to  the  city  schools  as  may  be  of  interest 
to  the  people  of  Fulton. 

§  167  District  a  union  free  school.  The  said  district  shall  be  deemed,  and 
is  hereby  declared  to  be,  a  union  free  school  district  under  the  laws  of  the  State 
relating  to  public  instruction.  All  provisions  of  law,  not  inconsistent  with  the 
provisions  of  this  act,  applicable  to  school  districts  whose  limits  correspond  with 
any  incorporated  city,  and  the  board  of  education  therein,  and  the  corporate 
authorities  of  such  cities,  are  made  applicable  to  the  school  district  hereby  estab- 
lished, and  to  the  board  of  education  thereof,  and  to  the  corporate  authorities  of 
the  city  of  Fulton. 


GENEVA 

Chapter  175,  Laws  of  1844 
An  act  in  relation  to  school  district  number  i  in  the  town  of  Seneca  and  in  the 

county  of  Ontario^ 

Section  i  It  shall  be  lawful  for  the  trustees  of  school  district  number  i,  in  the 
town  of  Seneca,  in  the  county  of  Ontario,  at  the  next  annual  meeting  of  the 
district  after  the  passage  of  this  act,  to  submit  for  the  consideration  of  such 
meeting  a  proposition  graduating  the  rates  of  tuition  to  be  paid  by  scholars 
attending  the  different  departments  into  which  such  school  is  now  divided ;  if  the 
same  is  approved  or  shall  be  so  amended  as  to  be  approved  by  a  majority  of 
those  present  qualified  to  vote  in  such  meetings,  such  rates  may  be  charged  and 
collected,  but  they  shall  not  be  raised  during  the  year  next  following  their 
adoption. 

§  2  At  any  annual  meeting  of  the  district,  after  such  rates  of  tuition  have 
been  adopted  the  same  may  be  raised,  reduced  or  entirely  abolished,  by  a  majority 
of  such  meeting. 

Chapter  252,  Laws  of  1853 
An  act  in  relation  to  school  district  number  i,  in  the  town  of  Seneca  in  the  county 

of  Ontario 
(Repealed  by  L.  1913,  ch.  427) 


Chapter  43,  Laws  of  i86g 

An  act  in  relation  to  school  district  number  i  of  the  town  of  Seneca,  Ontario 

county 
(Repealed  by  L.  191 3.  ch.  427) 

•  This  act,  though  not  specifically  repealed,  is  superseded  by  the  general  law. 

[112J 


GLENS  FALLS 

Chapter  29,  Laws  of  1908 
An  act  to  incorporate  the  city  of  Glens  Falls 

TITLE    XV 

CITY  SCHOOLS 
Section  167  School  districts 

168  School  officers 

i68-a  Levy  and  collection  of  school  taxes 

169  School  moneys  apportioned 

170  Power  to  borrow  money 

Section  167  School  districts.  The  territor}'  inchided  within  the  boundaries  of 
the  city  of  Glens  Falls  shall  remain  in  the  several  school  districts  as  they  exist 
at  the  time  of  the  passage  of  this  act,  subject  to  alterations  in  accordance  with 
the  provisions  of  the  school  law.  Such  school  districts  and  parts  of  school 
districts  shall  be  entitled  to  and  have  all  the  rights,  powers,  privileges,  public 
moneys  and  other  benefits,  conferred  by  law,  or  otherwise,  upon  schools  and 
school  districts,  and  shall  be  subject  to  all  the  rules,  regulations,  powers  of  in- 
spection and  superintendence  applicable  to  schools  and  school  districts,  except 
as  provided  by  the  next  two  sections. 

§  168  School  officers.  The  officers  of  the  several  school  districts  and  parts 
of  school  districts  included  within  the  boundaries  of  the  city  of  Glens  Falls  shall 
be  and  continue  the  same  and  be  elected  or  appointed  the  same,  and  possess  the 
same  powers  and  be  subjected  to  the  same  duties  and  liabilities  as  is  now  pro- 
vided by  the  Consolidated  School  Law,  except  that  the  city  chamberlain  shall  be 
the  collector  for  and  collect  all  school  taxes  levied  upon  property  situate  within 
said  city  and  against  persons,  corporations  and  associations  in  said  city,  and  he 
shall  be  the  custodian  of  all  such  school  moneys  as  shall  be  paid  to  him  by  the 
county  treasurer  of  Warren  county,  and,  also,  all  moneys  received  for  tuition 
and  all  other  school  receipts  whatsoever.  The  city  chamberlain  shall  deposit  all 
such  funds  in  the  bank  or  trust  company  where  the  city  funds  are  deposited,  and 
shall  receive  the  same  interest  thereon  as  is  paid  on  city  funds ;  he  shall  keep  the 
funds  of  each  district  separately  and  credit  each  fund  with  any  interest  thereon, 
and  shall  pay  out  said  funds  only  upon  warrants  issued  by  the  several  school 
district  officers.     (As  amended  by  L.  ipop,  ch.  Sfo.) 

§  i68-a  Levy  and  collection  of  school  taxes.  The  valuation  of  taxable 
property  within  the  boundaries  of  the  city  of  Glens  Falls  shall  be  ascertained 
from  the  current  city  assessment  roll  after  the  same  has  been  corrected  as  pro- 
vided by  sections  143  and  144  of  this  act.  In  fixing  the  tax  rate  for  any  school 
district,  a  portion  of  which  is  within  and  a  portion  of  which  is  without  the 
boundaries  of  the  city  of  Glens  Falls,  the  trustees  of  such  district  shall  make 
the  computation  upon  both  the  assessed  valuation  of  such  district  within  the 
boundaries  of  the  city  of  Glens  Falls  as  ascertained  from  the  current  city  assess- 
ment roll,  and  the  valuation  of  such  district  without  the  boundaries  of  the  city 

[113I 


114  "^HE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

of  Glens  Falls  to  be  ascertained  from  the  current  town  assessment  roll,  after  its 
revision  by  the  assessors.  Such  school  tax  upon  property  within  the  boundaries 
of  the  city  of  Glens  Falls  shall  be  collected  in  the  same  manner,  and  upon  the 
same  conditions,  terms  and  penalties  as  city  taxes  are  collected  under  this  act, 
and  any  fees  or  penalties  collected  by  reason  of  such  taxes  not  being  paid  within 
the  required  time  shall  be  credited  to  and  deposited  with  the  funds  of  the  school 
district  which  levied  the  tax  on  which  such  fees  or  penalties  were  collected.  The 
city  chamberlain  as  such  shall  not  be  entitled  to  any  fee  for  collecting  such  school 
taxes,  and  shall  keep  a  separate  account  with  each  of  such  school  districts,  keep- 
ing each  fund  separately,  and  render  monthly  or  other  financial  statements  to  and 
as  directed  by  the  several  school  districts.  Each  of  said  school  districts  may  ap- 
point a  collector,  in  the  manner  provided  by  the  consolidated  school  law,  to  collect 
any  school  taxes  levied  upon  property  or  against  persons,  corporations  or  associa- 
tions within  said  district  outside  of  the  boundaries  of  the  city  of  Glens  Falls. 
(As  added  by  L.  ipoQ,  ch.  f)§o.) 

§  169  School  moneys  apportioned.  The  county  treasurer  of  Warren  county 
shall  pay  over  to  the  city  chamberlain,  for  the  use  of  the  several  school  districts 
wholly  or  partly  within  the  boundaries  of  said  city,  such  part  of  the  school, 
library  and  other  public  moneys  in  his  hands  as  shall  have  been  apportioned  to 
said  district  for  teachers'  wages,  libraries  and  other  purposes,  and  the  city 
chamberlain  shall  receive,  deposit  and  pay  out  as  herein  provided,  all  other  public 
moneys  which  shall  be  apportioned  to  said  school  districts  by  any  officer  or  officers, 
board  or  boards  and  from  what  source  soever.  The  city  chamberlain  shall  ap- 
portion the  sum  paid  to  him  for  school  purposes  from  the  proceeds  of  the  tax 
on  mortgages  between  the  several  school  districts  wholly  or  partly  in  the  said 
city,  upon  the  basis  of  the  aggregate  days  of  attendance  of  the  pupils  of  such 
schools  resident  within  the  city,  as  such  attendance  appears  from  the  statement 
filed  with  him  by  the  school  commissioner  in  March  of  each  year,  and  shall 
notify  the  trustee  or  board  of  education  of  each  of  said  school  districts  of  the 
amount  so  standing  to  the  district's  credit  in  his  hands.  For  the  purpose  of 
apportioning  the  sum  paid  him  for  school  purposes  from  the  proceeds  of  the  tax 
on  mortgages,  the  supervisor  of  the  town  of  Queensbury  shall  regard  that  part 
of  the  school  district  lying  partly  in  said  town  and  partly  in  said  city  of  Glens 
Falls,  which  is  situated  in  said  town,  as  a  separate  district.  The  teachers,  trustees 
and  board  of  education  of  school  districts  lying  partly  in  said  town  and  partly  in 
said  city,  shall  ascertain  the  aggregate  days'  attendance  of  pupils  residing  in  the 
city  and  pupils  residing  in  the  town,  and  report  the  same  separately  to  the 
school  commissioner  of  the  first  district  of  Warren  county  at  the  time  of  making 
their  annual  report  in  August.  The  said  school  commissioner  shall  report  in  the 
following  March  to  the  city  chamberlain  and  the  said  supervisor  respectively  such 
aggregate  attendance  of  school  districts  and  parts  of  districts. 

§  170  Power  to  borrow  money.  The  board  of  education  of  union  free  sciiool 
district  number  i  shall  have  the  same  power  to  borrow  money  and  under  the 
same  conditions  and  in  like  manner  as  is  herein  conferred  upon  the  common 
council. 


GLOVERSVILLE 

Chapter  275,  Laws  of  1899 
An  act  to  revise  the  charter  of  the  city  of  Gloversville 

TITLE   X 

THE  BOARD  OF  EDUCATION 

Section  185  School  district  of  city 

186  Board  of  education,  a  body  corporate;  its  powers  and  duties 

187  Powers  of  board  in  purchase,  et  cetera,  of  real  estate;  title  of  school  property 

vested  in 

188  Annual  election  of  school  officers 

189  Canvass  and  declaration  of  result  of  election;  organization  of  board 

190  Quorum  of  board;  duties  of  clerk;  general  powers  of  board 

191  Annual  certificate  of  sums  necessary   for  school   purposes 

192  Payment  of   funds  to  chamberlain 

193  Resolutions  for  purchase  of  sites,  et  cetera;  tax  elections;  how  conducted 

194  Annual  reports  of  board 

195  Apportionment  of  State  moneys  for  use  of  board 

196  Ordinances  for  protection  of  school  property,  et  cetera 

197  Vacancies  in  board,  how  filled 

Section  185  School  district  of  city.  All  the  territory  included  within  the 
boundaries  of  the  city  of  Gloversville  shall  hereafter  constitute  a  separate  school 
district  within  this  State,  and  shall  be  designated  as  "  the  school  district  of  the 
city  of  Gloversville."  It  may  bear  such  other  additional  designation  as  the  Super- 
intendent of  Public  Instruction  of  this  State  may  by  law  prescribe.  Such  dis- 
trict shall  be  entitled  to  all  the  rights,  powers,  privileges,  public  moneys,  and 
other  benefits  conferred  by  law  or  other  State  authority  upon  school  districts, 
and  shall  be  subject  to  all  the  rules,  regulations,  powers  of  inspection,  and  super- 
intendence prescribed  by  law  applicable  to  school  districts  in  cities,  except  as 
otherwise  provided  by  this  act. 

§  186  Board  of  education,  a  body  corporate;  its  powers  and  duties.  The 
affairs  of  said  school  district  of  the  city  of  Gloversville  shall  be  managed  by  a 
board  of  nine  members,  to  be  organized  or  elected  in  the  manner  in  this  title  pro- 
vided, which  board  shall  be  known  and  designated  as  the  "  board  of  education 
of  the  city  of  Gloversville."  Said  board  of  education  is  hereby  constituted  a  body 
corporate  in  relation  to  all  the  powers  and  duties  conferred  upon  it  by  this  act 
or  by  any  general  law.  and  may  sue  and  be  sued  by  the  corporate  name  aforesaid, 
and  shall  have  a  corporate  seal.  Said  board  and  its  successors  shall  possess  all  the 
powers  conferred,  and  discharge  all  the  duties  imposed  by  this  act,  or  by  any 
general  law  of  this  State  relating  to  school  districts  in  cities,  or  relating  to  boards 
of  education  of  such  districts,  and  not  inconsistent  with  the  provisions  of  this 
act. 

[115] 


Il6  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

§  187  Powers  of  board  in  purchase,  et  cetera,  of  real  estate;  title  of  school 
property  vested  in.  The  board  of  education  of  the  city  of  Gloversville  shall  have 
the  power,  subject  to  the  provisions  of  this  act,  to  purchase,  take,  lease,  hold,  or 
improve  any  real  or  personal  estate  in  trust  for  said  school  district  of  said  city 
in  the  support  and  maintenance  of  schools  or  for  any  of  the  purposes  of  educa- 
tion in  said  city.  It  may  also  take  by  gift,  grant,  bequest,  or  devise  and  hold 
any  real  or  personal  estate  in  trust  for  any  of  the  purposes  of  education,  art,  or 
the  purchase,  support,  or  maintenance  of  public  libraries  in  said  city,  upon  such 
terms  as  may  be  prescribed  by  the  donor  or  donors  and  accepted  by  said  board; 
and  it  may  execute  any  trust  for  any  of  the  purposes  aforesaid  and  provide  for 
the  proper  execution  thereof.  The  title  of  all  the  schoolhouses,  sites,  lots,  furni- 
ture, books,  apparatus  and  other  school  property  heretofore  belonging  to  or  in 
the  possession  of  the  school  district  of  the  city  of  Gloversville  or  the  board  of 
education  thereof  is  hereby  vested  in  the  -board  of  education  of  the  city  of 
Gloversville  for  the  purposes  of  education  in  said  city. 

§  188  Annual  election  of  school  officers.  The  annual  election  for  school 
officers  in  said  city  shall  be  held  on  the  second  Tuesday  of  September  of  each 
year;  and  there  shall  be  elected  each  year  at  such  election  three  members  of  the 
board  of  education  of  said  city  for  a  term  of  three  years  each,  and  such  other 
members  to  fill  vacancies  as  shall  have  occurred  during  the  preceding  year  for 
the  unexpired  term  of  any  member  whose  office  shall  become  vacant.  Public 
notice  of  every  annual  or  tax  election  held  under  this  title  shall  be  given  by  the 
board  of  education  by  a  notice  signed  by  its  president  and  clerk,  which  notice 
shall  be  published  in  the  official  newspapers  of  said  city  at  least  once  in  each 
week  for  two  consecutive  weeks  immediately  preceding  such  election.  The  board 
of  education  shall  each  year  designate  at  least  three  polling  places  in  as  many 
separate  wards  at  which  such  annual  election  shall  be  held  and  the  particular 
ward  or  wards  for  which  each  particular  polling  place  shall  serve,  and  the  same 
shall  be  set  forth  in  said  notice,  the  officers  to  be  elected  thereat,  together  with 
the  terms  for  which  they  are  to  serve  respectively.  The  clerk  of  the  board  of  edu- 
cation shall,  each  year,  and  at  least  ten  days  before  the  date  of  such  annual  elec- 
tion, notify  the  inspectors  of  the  election  districts  in  which  each  of  the  said  poll- 
ing places  so  designated  are  situated,  by  a  notice  mailed  to  each  of  them  in  the 
post  office  of  said  city,  of  every  such  election  and  polling  places  designated  by  the 
board.  The  inspectors  of  each  of  said  election  districts  shall  preside  and  con- 
duct said  annual  election  at  the  places  in  their  respective  districts  designated  as 
aforesaid,  and  their  powers  and  duties  in  respect  thereto  shall  be  determined  and 
regulated  by  the  provisions  of  this  act  in  respect  to  the  holding  of  the  annual 
city  elections  for  city  officers,  except  as  modified  by  this  title.  Said  election  shall 
be  opened  at  each  polling  place  at  ten  o'clock  in  the  forenoon,  and  shall  be  kept 
open  without  intermission  or  adjournment  until  four  o'clock  in  the  afternoon, 
when  the  same  shall  be  finally  closed,  and  the  inspectors  shall  forthwith,  without 
intermission  or  adjournment,  canvass  all  the  votes  cast,  declare  and  make  a  state- 
ment of  the  result,  as  required  by  this  act  in  the  case  of  annual  city  elections  for 
city  officers,  and  shall  forthwith  file  such  statements  of  the  result  with  the  clerk 


EDL'CATION    CODE  117 

of  the  board  of  education  of  said  city.  Every  inhabitant  of  said  city  who,  at  the 
time  and  place  of  ottering  his  or  her  vote,  shall  be  qualified  to  vote  for  school 
officers  under  the  general  laws  of  this  State  relating  to  public  schools,  shall  then 
and  there  be  entitled  to  vote  at  such  election ;  but  no  such  inhabitant  shall 
vote  at  any  polling  place  except  that  designated  for  the  ward  in  which  he  or  she 
shall  reside  at  the  time  of  offering  such  vote,  and  shall  have  so  resided  for  at 
least  thirty  days  immediately  prior  to  such  election. 

§  189  Canvass  and  declaration  of  result  of  election;  organization  of  board. 
On  the  day  following  each  annual  school  election  in  said  city,  the  board  of  educa- 
tion shall  convejie  at  seven  o'clock  in  the  afternoon,  at  its  usual  place  of  meeting, 
and  all  the  statements  of  the  votes  cast  at  each  of  the  polling  places  designated 
as  aforesaid  shall  be  produced,  and  the  board  of  education  shall  forthwith  de- 
clare the  result  and  make  a  certificate  in  writing  of  all  those  who  were  duly 
elected  at  said  election,  and  shall  immediately  file  a  duplicate  thereof,  signed  by 
the  president  and  clerk,  in  the  office  of  the  city  clerk.  The  persons  so  elected 
shall  thereupon  take  the  usual  oath  of  office,  and  the  board  of  education  of  the 
city  of  Gloversville,  as  constituted  for  the  preceding  years  shall  be  dissolved,  and 
the  board  of  education,  composed  of  the  persons  so  declared  elected  and  those 
whose  terms  of  office  shall  not  have  expired,  shall  then  be  organized  by  the  elec- 
tion of  a  president  from  among  their  number  and  of  some  suitable  person  not  of 
their  number,  but  who  shall  be  a  resident  of  said  city,  as  clerk  of  said  board.  The 
said  board  shall  appoint  and  provide  a  place  for  its  meetings,  and  adopt  such 
rules  and  regulations  for  such  meetings  and  the  dispatch  of  its  business  and  in 
the  appointment  of  committees  as  it  may  deem  advisable. 

§  190  Quorum  of  board ;  duties  of  clerk ;  general  powers  of  board.  A  major- 
ity of  the  board  of  education  shall  constitute  a  quorum  for  the  transaction  of  bus- 
iness. The  members  of  said  board  shall  receive  no  compensation,  directly  or  in- 
directly, for  their  services.  They  shall  appoint  a  clerk  who  shall  hold  office 
during  the  pleasure  of  the  board,  and  whose  compensation  shall  be  fixed  by  said 
board.  The  clerk  shall  keep  a  record  of  the  proceedings  of  said  board,  and 
shall  perform  such  other  duties  as  the  board  may  prescribe.  Subject  to  the  pro- 
visions of  this  act,  said  board  shall  have  power,  and  it  shall  be  their  duty : 

1  To  establish  and  organize  in  said  city  such  and  so  many  free  schools,  in- 
cluding night  schools,  as  said  board  shall  deem  requisite  and  expedient,  and  to 
change  or  discontinue  the  same  in  their  discretion. 

2  To  purchase  or  hire,  sell  or  dispose  of.  schoolhouses,  lots  and  sites,  as  they 
may  deem  advisable. 

3  To  alter,  improve  and  repair  schoolhouses  and  appurtenances,  as  they  may 
deem  advisable. 

4  To  purchase,  exchange,  improve,  and  repair  school  apparatus,  books,  furni- 
ture, and  appendages,  and  to  defray  the  necessary  expenses  attending  the  same. 

5  To  have  the  custody  and  safekeeping  of  the  school  buildings,  lots,  outhouses, 
books,  furniture,  and  appendages,  and  to  see  that  the  ordinances  and  by-laws  of 
said  citv  in  relation  thereto  are  enforced,  and  any  violation  thereof  punished. 

6  To  contract  with  and  employ  all  necessary  teachers,  and  at  their  pleasure  to 


Il8  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

remove  them,  under  such  rules  and  regulations  as  may  be  prescribed  by  law  or 
by  the  Department  of  Public  Instruction  of  said  State. 

7  To  pay  the  wages  of  teachers  out  of  any  money  appropriated  or  provided 
by  law  for  that  purpose. 

8  To  employ  a  superintendent  of  instruction  for  said  city  and  pay  the  wages 
or  salary  thereof  out  of  any  money  provided  for  that  purpose. 

9  To  defray  the  necessary  contingent  expenses  of  the  board  and  said  dis- 
trict, including  wages  of  the  clerk,  janitors  and  other  assistants  and  employees. 

10  To  expend  all  moneys  raised  by  virtue  of  this  act,  for  purchasing  sites, 
erecting  or  enlarging  schoolhouses,  or  for  other  purposes  for  which  the  same  was 
so  raised,  except  as  hereinafter  provided. 

11  To  license,  upon  the  recommendation  of  the  superintendent  of  instruction 
of  s'aid  city,  all  teachers  employed  in  the  schools  of  said  city,  in  the  same  manner 
and  with  like  effect  in  said  city  as  school  commissioners  of  counties. 

12  To  take  and  appropriate  lands  and  other  real  property  within  said  city  for 
school  purposes,  upon  making  compensation  therefor  in  the  same  manner  and 
under  the  same  proceedings  as  prescribed  in  this  act,  and  as  conferred  upon 
the  common  council  to  take  and  appropriate  lands  for  opening  of  streets  and 
highways. 

13  To  have,  to  the  exclusion  of  all  boards  and  officers  except  the  Superin- 
tendent of  Public  Instruction  in  this  State,  the  entire  supervision  and  manage- 
ment of  the  schools  of  said  city,  and  from  time  to  time  adopt,  alter,  modify,  or 
repeal,  as  they  may  deem  expedient,  rules  and  regulations  for  their  organization, 
government,  and  instruction,  for  the  reception  of  pupils  and  their  transfer  from 
one  schoolroom  or  house  to  another,  for  their  advancement  from  class  to  class 
as  their  degrees  of  scholarship  shall  warrant,  and  generally  for  the  promotion  of 
the  good  order  and  prosperity  of  said  schools. 

14  To  allow  the  children  of  persons  nonresident  within  the  city  to  attend  any 
of  the  schools  therein  under  the  control  of  the  said  board  upon  such  terms  as 
said  board  may  prescribe  by  resolution. 

15  To  establish  and  maintain  a  city  school  library  and  to  provide  suitable 
rooms  for  the  use  of  the  same ;  and  to  employ  and  pay  a  librarian  and  assistants 
to  have  the  care  and  supervision  of  the  books  and  other  publications  belonging 
thereto,  and  superintend  the  letting  out  and  return  thereof.  To  exercise  the 
same  discretion  as  to  the  disposition  of  the  moneys  provided  by  law  for  the  pur- 
chase of  libraries  as  is  conferred  upon  the  inhabitants  of  school  districts. 

16  Except  as  otherwise  provided  by  this  act,  to  exercise  all  the  powers  con- 
ferred upon  the  inhabitants  of  school  districts  at  school  district  meetings. 

17  To  organize,  establish,  and  maintain  school  savings  banks,  under  the 
authority  of  and  in  conformity  with  any  general  law  of  the  State  in  regard  to 
such  or  similar  institutions. 

18  Except  as  otherwise  provided  in  this  act,  to  exercise  all  the  powers  con- 
ferred and  all  the  duties  imposed  by  the  general  laws  of  the  State  applicable  to 
boards  of  education  in  cities.    The  records  of  the  proceedings  of  said  board,  or  a 


EDUCATION    CODE  119 

transcript  thereof,  certified  by  its  president  and  clerk,  shall  be  received  in  all 
courts  or  places  as  prima  facie  evidence  of  the  facts  therein  stated. 

§  191  Annual  certificate  of  sums  necessary  for  school  purposes.  On  or 
before  the  ist  day  of  March  of  each  year  the  board  of  education  shall  prepare 
a  certificate  of  such  sums  of  money  as  it  may  deem  necessary  for  each  of  the  fol- 
lowing purposes,  namely : 

1  For  wages  of  superintendent  and  teachers,  after  applying  all  the  public 
school  and  other  moneys  applicable  thereto. 

2  For  the  repair  of  schoolhouses,  outhouses  and  grounds,  with  their  ap- 
pendages and  appurtenances. 

3  For  the  purchase,  repair,  or  improvement  of  school  apparatus,  books,  furni- 
ture and  fixtures. 

4  For  the  purchase,  maintenance,  and  care  of  the  city  school  library,  but  not 
to  exceed  two  thousand  dollars  in  any  one  year. 

5  For  the  rent  of  schoolhouses  and  rooms  for  school  purposes,  the  purchase 
of  fuel  and  lights,  and  to  pay  the  contingent  expenses  of  the  district,  including 
the  salaries  of  the  clerk,  janitors  and  incidental  expenses.  Such  certificate, 
within  the  time  hereinbefore  specified,  shall  be  presented  to  the  mayor  or  acting 
mayor  of  said  city,  and  if  he  approves,  he  shall  sign  it,  and  immediately  file  the 
same  with  the  city  clerk ;  if  he  does  not  approve  any  item  therein  he  shall,  within 
five  days,  return  the  same  to  the  president  or  clerk  of  the  said  board  of  education 
with  his  objections  indorsed  thereon  or  annexed  thereto.  The  board  of  education 
may  then  proceed  to  reconsider  said  certificate,  and  if  two-thirds  of  all  the  mem- 
bers then  in  office  agree  to  pass  the  same,  it  shall  take  efifect  the  same  as  if  it 
had  been  approved  by  the  mayor,  and  shall  be  immediately  filed  with  the  city 
clerk.  In  case  two-thirds  of  said  members  do  not  agree  to  pass  the  same,  they 
shall  thereupon  present  another  certificate  to  conform  as  nearly  as  may  be  to  the 
views  of  the  mayor  as  expressed  in  his  objection  ;  and  if  he  approves  it  he  shall 
sign  the  same;  but  if  he  does  not  approve  any  item  thereof  he  shall,  within 
twenty-four  hours  return  the  same  with  his  objections  as  before.  The  board  of 
education  shall  continue  to  present  certificates  as  aforesaid  until  the  mayor's 
approval  is  obtained,  or  until  two-thirds  of  its  members  agree  to  pass  the  same 
over  his  objection.  Such  annual  certificate  so  approved  or  adopted  shall  be  filed 
with  the  city  clerk,  and  the  common  council  of  said  city  shall  include  the  same 
in  the  annual  city  tax  and  assessment  roll  for  that  year,  and  the  amount  so  certified 
shall  be  collected  by  the  chamberlain  and  be  credited  to  the  various  funds  as 
designated  in  said  certificate.  Whenever  any  such  sum  or  sums  shall  have  been 
so  certified  and  filed  with  the  city  clerk,  the  city  chamberlain  shall  have  authority 
and  it  shall  l)c  his  duly  to  borrow  upon  the  faith  and  credit  of  said  city  the  amount 
so  certified,  or  anv  part  thereof  which  may  be  necessary  to  meet  the  orders  of 
the  board  of  education  ujion  him  in  paying  the  current  expenses  of  said  district. 

§  192  Payment  of  funds  to  chamberlain.  All  public  moneys  or  public  funds 
belonging  or  appropriated  to  the  use  of  said  district,  shall  be  paid  to  the  cham- 
berlain of  said  city,  who  shall  keep  the  same  separate  from  the  general  funds  of 
the  citv,  and  shall  credit  to  each  of  the  school  funds  the  moneys  or  proi)erty  be- 


120  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

longing  thereto.  The  board  of  education  shall  disburse  all  the  funds  of  said  dis- 
trict by  orders  upon  the  chamberlain,  signed  by  its  clerk  and  countersigned  by 
its  president.  Said  orders  shall  be  numbered  consecutively,  and  shall  specify  the 
purposes  for  which  they  are  drawn,  the  person  to  whom  payable,  and  the  par- 
ticular school  fund  to  which  they  are  chargeable.  Upon  request  from  said  board 
the  chamberlain  shall  certify  from  time  to  time  the  various  balances  remaining 
to  the  credit  of  any  or  all  of  said  funds.  Whenever  any  moneys  are  collected  by 
or  paid  to  the  city  chamberlain  for  school  purposes  it  shall  not  be  lawful  for 
said  chamberlain  to  apply  such  money  or  any  part  thereof  to  any  other  purpose 
or  object.  The  bor.rd  of  education  of  the  city  of  Gloversville  may  loan  to 
the  city  of  Gloversville  at  such  time  or  times  and  on  such  terms  and  at  a 
rate  of  interest  not  exceeding  five  per  centum  per  annum  as  it  may  deem  advisable, 
any  moneys  of  the  board  of  education  which  are  not  deemed  necessary  by  it  for 
its  immediate  use.  Such  loan  or  loans  shall  be  made  only  upon  a  written  obliga- 
tion or  obligations  of  said  city  and  the  faith  and  credit  of  said  city  shall  be 
pledged  for  the  payment  thereof  and  for  all  renewal  or  renewals  of  said  loan  or 
loans.     (As  amended  by  L.  19 14,  ch.  281.) 

§  193  Resolutions  for  purchase  of  sites,  et  cetera;  tax  elections,  how  con- 
ducted. When  the  board  of  education  shall  determine  by  a  resolution  that  it  is 
necessary  to  purchase  any  site  or  addition  to  any  site  or  erect  any  school  building, 
or  enlarge  any  school  building  already  erected,  it  shall  specify  in  such  resolution 
the  ward  within  which  such  site  is  to  be  purchased,  or  building  erected  or  en- 
larged, and  the  particular  sum  required  therefor.  They  shall  then  call  a  tax 
election  in  said  city  in  the  same  manner  as  provided  in  this  act  for  the  calling 
of  tax  elections  by  the  common  council.  Such  tax  elections  may  be  held  at  the 
same  time  and  with  any  other  school  election  within  said  city.  The  clerk  of  the 
board  of  education  shall  notify  the  inspectors  of  the  holding  of  such  tax  election 
in  the  same  manner  and  within  the  same  time  that  the  city  clerk  is  required  to 
notify  them  in  case  of  tax  elections  called  by  the  common  council.  The  in- 
spectors shall  thereupon  proceed  to  hold  such  election  pursuant  to  such  resolution 
in  the  same  manner  as  in  holding  other  tax  elections  under  this  act ;  and  the 
qualifications  of  the  electors  thereat  shall  be  the  same  as  provided  in  section  188 
of  this  title.  When  such  election  is  not  held  at  the  same  time  and  with  a  school 
election,  the  board  of  education  shall  designate  the  polling  places  as  at  other  school 
elections,  and  such  election  shall  be  held  by  the  same  inspectors  as  under  like 
designation  for  the  annual  school  election,  and  during  the  same  hours  and  in  the 
same  manner.  Each  elector  at  every  such  tax  election  shall  vote  only  at  the 
polling  place  designated  for  the  ward  in  which  he,  resides,  and  shall  have  resided 
for  the  thirty  days  immediately  prior  to  .said  tax  election.  The  vote  shall  be 
taken  by  ballot,  which  shall  be  indorsed  "  school  tax,"  and  shall  be  deposited 
in  a  separate  ballot  box  provided  therefor  and  marked  "  school  tax."  The  board 
of  education  shall  at  every  such  tax  election,  provide  sufficient  printed  ballots 
for  the  use  of  the  electors  thereat,  upon  which  shall  be  printed  the  several  items 
or  objects  to  be  voted  for  thereat,  with  the  words  "  for  "  and  "  against  "  at  the 
beginning  of  each  item.     Each  elector  shall  indicate  his  vote  as  to  each  of  said 


EDUCATION    CODE  121 

items  by  erasing  or  drawing  a  mark  through  one  or  the  other  of  said  words. 
The  inspectors  shall  canvass  the  said  votes  without  intermission  or  adjournment 
as  at  other  elections,  and  make  a  statement  thereof  in  respect  to  each  item  voted 
upon,  and  immediately  file  the  same  with  the  clerk  of  the  board  of  education. 
Upon  the  day  following  such  tax  election,  the  board  of  education  shall  convene 
at  its  usual  place  of  meeting,  at  seven  o'clock  in  the  evening,  and  the  statement 
from  each  polling  place  shall  be  produced,  and  the  board  shall  forthwith  declare 
and  make  a  certificate  in  writing  of  the  result.  If  the  board  of  education  at  any 
time  after  a  special  tax  election,  held  as  provided  for  under  this  section,  shall 
consider  it  advisable  to  change  any  of  the  conditions  of  the  proposition  so  adopted 
at  said  tax  election,  it  shall  have  the  right  to  resubmit  any  such  changes  by 
calling  a  tax  election  therefor,  which  shall  be  held  in  the  manner  set  forth  in 
this  section.  If  such  changes  shall  be  approved  by  a  majority  of  the  votes  cast 
at  said  tax  election,  then  such  changes  shall  be  adopted  by  the  board  of  education, 
and  made  a  part  of  the  original  proposition,  and  shall  have  the  same  force  and 
effect  as  though  contained  in  the  original  proposition  adopted  at  the  first  tax 
election,  and  all  acts  and  contracts  of  the  board  of  education,  and  moneys 
borrowed,  and  bonds  and  other  obligations  issued  by  the  board  of  education  upon 
the  authority  of  such  changes,  shall  be  valid  acts  and  obligations  of  the  city  of 
Gloversville  and  shall  have  full  faith  and  credit  as  such.  In  case  a  majority  of 
the  votes  cast,  at  any  tax  election  held  under  this  section,  be  in  favor  of  the 
subject  presented  at  said  tax  election,  and  of  the  sum  or  sums  asked  for,  and 
the  conditions  in  reference  thereto,  the  board  of  education  shall  have  authority 
to  carry  out  the  subject  so  authorized,  and  to  borrow  upon  the  faith  and  credit 
of  said  city,  the  aggregate  of  the  items  so  authorized,  or  any  part  thereof,  at  any 
time  before  and  until  the  same  can  be  provided  for  according  to  law.  In  case  the 
sum  or  sums  so  authorized  to  be  raised  shall  exceed  the  sum  of  five  thousand 
dollars,  the  board  of  education  shall  issue  bonds  or  other  evidence  of  indebted- 
ness in  such  form  as  it  may  prescribe  for  the  amount  exceeding  such  sum  of 
five  thousand  dollars,  at  a  rate  of  interest  not  exceeding  5  per  centum  per  annum, 
and  payable  at  the  rate  of  five  thousand  dollars  per  year.  Said  bonds  or  any 
part  thereof  may  be  sold  by  the  said  board  of  education  in  such  manner  as  they 
may  deem  best,  but  at  not  less  than  the  par  value  thereof.  The  board  of  education 
shall,  on  or  before  the  ist  day  of  March  in  each  year,  make  and  file  with  the 
city  clerk  a  statement  of  the  amount  necessary  to  be  raised  to  pay  the  interest 
and  principal  that  will  become  due  during  the  ensuing  year  upon  the  bonds  or 
obligations  so  issued  by  said  board,  and  the  common  council  shall  include  the 
same  in  the  annual  city  tax  and  assessment  roll  for  that  year.  Such  amount  shall 
be  collected  by  the  chamberlain  and  credited  to  the  "  loan  fund."  The  common 
council,  upon  receiving  the  certificate  of  the  result  of  any  such  tax  election  from 
the  board  of  education,  at  which  any  money  was  voted  to  be  raised,  shall  include 
five  thousand  dollars  of  the  amount  so  authorized  to  be  raised,  or  any  less  sum 
which  may  have  been  so  authorized,  in  the  next  levy  and  assessment  roll  for  the 
collection  of  taxes  in  said  city,  except  that  whenever  any  such  tax  election  may 
have  been  held,  and  money  voted  to  be  raised  there  shall  be  outstanding  and 


122  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

unpaid  any  bonds  or  evidences  of  indebtedness  issued  in  accordance  with  the 
provisions  of  this  section,  the  board  .of  education  shall  borrow,  in  the  same 
manner  as  hereinbefore  provided,  the  whole  amount  voted  at  such  tax  election ; 
but  no  bonds  or  other  obligations  shall  be  made  to  mature  at  such  a  time  as  will 
make  the  amount  to  be  raised  by  tax  for  this  purpose  in  any  one  year  exceed  five 
thousand  dollars  of  principal,  and  the  interest  on  all  such  bonds  and  obligations 
remaining  unpaid.  This  shall  not  be  construed  to  affect  any  obligation  made 
prior  to  the  passage  of  this  act.  The  board  of  education,  after  completing  the 
work  or  other  objects  for  which  the  said  money  may  have  been  raised,  may  apply 
any  unexpended  balances  that  may  remain  to  any  object,  authorized  or  contem- 
plated by  this  section.      {As  amended  by  L.  ipo~,  ch.  549.) 

§  194  Annual  reports  of  board.  The  board  of  education,  on  or  before  the 
1st  day  of  September  in  each  year,  shall  make  and  publish  in  the  official  news- 
papers of  said  city  a  report  of  their  receipts  and  disbursements  of  school  moneys 
during  the  last  fiscal  year,  showing  the  amount  received  from  each  particular 
source  and  credit  to  each  of  the  purposes  specified  in  section  191  of  this  title  and 
also  showing  the  disbursements  from  each  of  said  funds.  The  items  of  said 
disbursements  shall  be  condensed  and  classified  so  as  to  present  to  the  public, 
without  addition  or  computation,  the  amount  paid  to  each  officer  and  teacher 
for  salary,  for  wages  and  for  each  of  the  purposes  specified  in  section  191,  and  also 
a  full  statement  of  the  bonded  or  other  indebtedness  of  the  district.  The  said 
board  may  also  make  and  publish,  in  such  form  as  they  shall  consider  advisable, 
such  other  and  more  extended  report  in  relation  to  the  afifairs  of  the  city  schools 
as  in  their  judgment  may  be  of  interest  to  the  inhabitants  thereof.  The  board 
of  education  shall  make  a  report  to  the  Superintendent  of  Public  Instruction  of 
the  State  and  such  reports  shall  be  made  in  the  manner  and  at  such  time  as  he 
may  direct.  Said  Sviperintendent  shall  have  the  same  power  and  jurisdiction 
over  the  elections  and  affairs  of  said  district  as  he  now  has  or  by  law  shall  have 
over  the  affairs  of  school  districts  in  cities. 

§  195  Apportionment  of  State  moneys  for  use  of  board.  It  shall  be  the 
duty  of  the  Su})erintendent  of  Public  Instruction  of  this  State  to  apportion  for 
the  use  of  the  board  of  education  of  the  city  of  Gloversville  such  portions  of 
the  school,  library,  and  other  money  as  it  shall  be  entitled  to,  by  its  annual  report, 
in  the  same  manner  in  which  such  moneys  are  apportioned  to  cities,  and  the 
amounts  to  which  it  shall  be  so  entitled  shall  be  certified  to  the  county  treasurer  of 
Fulton  county.  The  said  county  treasurer  of  Fulton  county  shall  pay  over  to 
the  chamberlain  of  the  city  of  Gloversville  for  the  use  of  the  board  of  education 
of  said  city  such  proportion  of  the  school,  library,  and  other  money  apportioned  to 
the  said  city  of  Gloversville  by  the  Superintendent  of  Public  Instruction  for 
teachers'  wages  and  libraries,  or  other  purposes,  as  shall  by  law  be  apportioned 
to  said  board  of  education  or  district. 

^  T96  Ordinances  for  the  protection  of  school  property,  et  cetera.  The 
common  council  of  the  city  of  (Gloversville  shall  have  the  power  and  it  shall  be 
its  duty  to  pass  such  ordinances  and  by-laws  as  the  board  of  education  of  said 


EDUCATION    CODE  1 23 

city  shall  report  as  necessary  for  the  protection,  safekeeping,  care,  and  preserva- 
tion of  the  school  buildings  and  other  property  of  said  district,  and  to  impose 
such  penalties  for  the  violation  of  the  same  as  it  shall  deem  proper. 

§  197  Vacancies  in  board,  how  filled.  All  vacancies  in  the  board  of  education 
occasioned  by  the  death,  resignation,  refusal  to  serve,  removal  from  the  district, 
or  otherwise,  of  any  of  its  members  shall  be  tilled  by  appointment  by  said  board 
until  the  next  annual  election  ;  when  the  residue  of  the  term,  if  any,  shall  be  filled 
by  some  person  to  be  elected  to  such  office  for  the  residue  of  said  term.  The 
board  of  education  shall  fill  by  appointment  until  the  next  election  any  office  not 
filled  at  any  election  by  reason  of  a  tie  thereat.^ 

§  74  Annual  tax  for  school  purposes.  In  addition  to  the  said  several  sums 
hereinbefore  mentioned,  the  common  cotmcil  are  hereby  authorized  and  directed 
to  annually  raise  by  taxation  upon  the  taxable  inhabitants  of  said  city,  and  the 
property  thereof  liable  to  taxation,  such  sum  or  sums  of  money  as  the  board  of 
education  may  each  year  certify  to  them  as  necessary  expenses  during  the  current 
year.  All  taxes  assessed  in  said  city  in  any  one  year  shall,  if  practicable,  be  in- 
cluded in  one  assessment,  and  collected  under  and  by  virtue  of  the  same  tax 
warrant. 


1  Chapter  13  of  the  Laws  of  1911  legalizes,  confirms  and  validates  all  proceedings  relating 
to  certain  bond  issues  of  March  23,  1908  and  January  5,  1909. 


HORNELL 

Chapter  386,  Laws  of  1873 

An  act  to  encourage  and  promote  education  in  the  village  of  Hornellsville 
Section  i  The  trustees  of  school  district  number  7,  in  the  town  of  Hornellsville, 
county  of  Steuben,  shall  constitute  a  board  to  be  styled  the  board  of  education  of 
the  city  of  Hornellsville,  which  shall  be  a  corporate  body,  with  a  seal,  in  relation 
to  all  the  powers  and  duties  conferred  upon  them  by  this  act,  and  shall  be  elected 
from  time  to  time  as  now  provided  by  law.  A  majority  of  the  board  shall  con- 
stitute a  quorum.  The  first  meeting  of  said  board  shall  be  held  on  the  first 
Saturday  of  July,  1873,  and  the  annual  meeting  of  said  board  in  each  year  there- 
after shall  be  held  on  the  third  Tuesday  of  August  in  each  year.  At  the  first 
meeting  of  the  board,  and  annually  thereafter  at  the  annual  meeting,  they  shall 
elect  one  of  their  number  president  of  the  board,  and  whenever  he  shall  be  absent 
a  president  pro  tempore  may  be  appointed.  The  said  trustees  shall  receive  no 
compensation  for  their  services,  nor  shall  they  be  interested  directly  or  indirectly 
in  any  contract  for  building  or  making  any  improvements  or  repairs  provided 
by  this  act.     (As  amended  by  L.  ipoi,  ch.  56.) 

§  2  The  said  trustees  shall  meet  for  the  transaction  of  all  business  on  the  first 
and  third  Tuesdays  of  each  and  every  month,  and  may  adjourn  for  any  shorter 
time ;  special  meetings  may  be  called  by  the  president  of  said  board,  or  in  his 
absence  or  inability  to  act,  by  any  two  members  of  the  board,  as  often  as  may 
be  necessary,  by  giving  personal  notice,  printed  or  in  writing,  to  each  and  every 
member  of  the  board,  or  by  causing  such  notice  to  be  left  at  his  last  place  of 
residence,  with  some  person  of  suitable  age  and  discretion,  or  by  depositing  such 
notice,  properly  inclosed  in  a  postpaid  wrapper,  in  the  post  office  at  Hornellsville, 
directed  to  the  person  to  be  served  at  his  post  office  address ;  such  notice  shall  be 
served  as  aforesaid,  at  least  twenty-four  hours  before  the  hour  named  for  such 
special  meeting;  all  meetings  of  said  board  shall  be  public,  and  the  transactions 
and  proceedings  of  all  meetings  of  said  board  shall  be  open  for  the  inspection 
of  all  persons  who  may  desire  to  inspect  the  same,  or  to  take  copies  thereof  for 
the  purpose  of  publication  in  all  or  any  of  the  newspapers  published  in  said  city 
or  elsewhere.  The  said  trustees  can  only  transact  business  as  a  board  sitting  in 
public ;  and  all  their  acts  shall  be  entered  in  the  journal  or  book  of  minutes  of 
said  school  district.  The  secretary  of  said  board  shall  in  all  cases  enter,  in  the 
record  of  the  proceedings  of  the  trustees,  to  be  kept  in  said  book  of  minutes,  the 
names  of  all  trustees  voting  on  any  resolution,  and  how  each  voted.  No  member 
of  said  board  shall  in  any  manner  be  interested  in  any  contract  for  furnishing 
any  supplies  required  to  maintain  any  of  the  schools  or  departments  in  said  school 
district.     (As  amended  by  L.  188 t,  ch.  2Q4;  L.  1901,  ch.  ^6.) 

fl24l 


EDUCATION    CODE  125 

§  3  The  said  trustees  shall  appoint  a  secretary  and  treasurer,  who  shall  hold 
their  office  during  the  pleasure  of  the  board,  and  whose  compensation  shall  be 
fixed  by  the  board.  The  said  secretary  shall  keep  a  record  of  the  proceedings 
of  the  board,  and  perform  such  other  duties  as  the  board  may  prescribe.  The 
said  record  or  transcript  thereof,  certified  by  the  secretary,  shall  be  viewed  in  all 
courts  as  prima  facie  evidence  of  the  facts  therein  set  forth,  and  such  record 
and  all  the  books,  accounts,  vouchers  and  papers  of  said  board  shall  at  all  times 
be  subject  to  the  inspection  of  the  people  of  the  district. 

§  4  The  trustees  aforesaid  shall  have  power,  and  it  shall  be  their  duty,  to 
raise  from  time  to  time  by  tax,  to  be  levied  upon  all  the  real  and  personal  estate 
in  said  district  which  shall  be  liable  to  taxation,  as  provided  by  law  for  school 
purposes,  as  the  board  of  education  shall  deem  to  be  necessary  and  proper,  for 
any  and  all  of  the  following  purposes : 

1  To  purchase,  lease  or  improve  sites  for  schoolhouses,  or  sites  with  buildings 
thereon,  for  the  same  purposes. 

2  To  build,  purchase,  lease,  enlarge,  alter,  improve  and  repair  schoolhouses, 
and  their  outhouses  and  appurtenances. 

3  To  purchase,  improve  and  repair  school  apparatus,  books,  furniture  and  ap- 
pendages ;  but  the  power  herein  granted  shall  not  be  deemed  to  authorize  the 
furnishing  with  class  or  textbooks  any  scholar  whose  parents  or  guardians  shall 
be  able  to  furnish  the  same. 

4  To  procure  fuel  and  defray  the  contingent  expenses  of  the  common  schools, 
including  the  academical  department  therein,  and  the  expenses  of  the  school 
library  of  said  district  and  the  necessary  expenses  of  said  board,  including  the 
salary  of  the  secretary  of  the  board. 

5  To  pay  teachers'  wages,  after  the  application  of  public  moneys,  which  may 
be  by  law  appropriated,  apportioned  and  provided  for  that  purpose. 

6  The  amount  raised  for  teachers'  wages  and  contingent  expenses  shall  not 
be  less  than  twice  nor  more  than  seven  times  the  amount  appropriated  or  appor- 
tioned to  said  district  from  the  school  fund  of  the  State  during  the  previous  year, 
nor  shall  there  be  raised  in  any  one  year  for  building  sites  or  sites  with  buildings 
thereon,  erecting  and  repairing  schoolhouses  and  appurtenances,  a  sum  exceed- 
ing four  thousand  dollars,  except  as  herein  otherwise  provided  for.  And  the 
board  of  education  are  authorized  and  directed  when  necessary  to  borrow  in 
anticipation  the  amount  of  taxes  so  to  be  raised,  collected  and  levied  as  afore- 
said and  to  give  the  bonds  of  the  district,  signed  by  the  president  of  the  board 
of  education,  under  the  seal  of  the  district  as  security  for  repayment  of  the 
money  so  borrowed.     (As  amended  by  L.  IQOI,  ch.  56.) 

^  5  All  moneys  required  to  be  raised  pursuant  to  the  provisions  of  this  act, 
and  all  school  moneys  by  the  law  apportioned,  approj^riatcd  to,  or  provided  for 
said  district,  whether  from  the  school,  literature  or  United  States  deposit  funds, 
or  under  the  act  to  establish  free  schools  throughout  the  State,  or  otherwise, 
shall  be  paid  to  the  treasurer  of  the  said  district,  who,  together  with  the  sureties 
on  his  official  bond,  shall  be  accountable  therefor  in  the  same  manner  as  the 


126  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

treasurer  of  the  county  of  Steuben  is  for  moneys  which  come  into  his  hands, 
and  shall  be  liable  to  the  same  penalties  for  official  misconduct. 

vj  6  The  treasurer  shall  pay  out  the  moneys  authorized  by  this  act,  to  be  re~ 
ceived  by  him,  upon  drafts  drawn  by  the  president  and  countersigned  by  ihe  sec- 
retary of  said  board  of  education,  which  drafts  shall  not  be  drawn  except  in 
pursuance  of  a  resolution  or  resolutions  of  said  board,  and  shall  be  made  pay- 
able to  the  person  or  persons  entitled  to  receive  the  same,  but  he  shall  receive 
no  compensation  for  his  services. 

S  7  The  treasurer  of  said  district  shall  before  entering  upon  his  duties  exe- 
cute a  bond  with  at  least  two  sureties,  to  be  presented  to  and  approved  by  said 
board  of  education.  He  shall  receive  all  moneys  collected  by  the  collector  and 
give  his  receipts  for  the  same,  and  shall  draw  upon  the  treasurer  of  the  county 
of  Steuben  for  the  amount  due  and  apportioned  from  the  common  school  fund 
and  upon  the  Comptroller  of  the  State  for  the  amount  appropriated  from  the  lit- 
erature fund,  and  receive  all  moneys  from  any  and  all  sources,  that  may  belong 
to  or  be  due  to  said  school  district  or  academic  department,  and  receive  all 
moneys  from  foreign  scholars  and  give  his  receipt  for  the  same,  and  shall  pay 
all  drafts  drawn  by  the  president  and  secretary  of  said  board,  and  shall  report 
annually  at  the  annual  meeting  of  the  board,  also  at  the  annual  meeting  of  the 
district,  and  shall  present  a  statement  of  his  accounts  to  the  board  at  any  time 
they  may  require,  and  shall  surrender  at  the  end  of  his  term  of  office  all  moneys 
and  papers  in  his  hands  as  such  treasurer  to  his  successor  in  office.  (As  amended 
by  L.  i8qj,  ch.  12^.) 

§  8  The  treasurer  of  the  county  of  Steuben  aforesaid,  shall  pay  to  tlie  treas- 
urer of  said  district  all  moneys  apportioned  to  said  district  and  which  shall  come 
into  his  hands  upon  the  draft  of  said  treasurer,  countersigned  by  the  members 
of  said  board,  which  said  draft,  so  drawn  and  countersigned,  shall  be  as  valid  and 
effectual  and  have  the  same  force  and  effect,  as  if  drawn  by  the  trustees  of  a 
school  district,  payable  to  the  order  of  a  duly  qualified  teacher.  (As  amended  by 
L.  1895,  ch.  123.) 

§  9  A  collector  shall  be  elected,  chosen  or  appointed  for  said  district,  as  now 
provided  by  law,  and  have  and  perform  the  same  powers,  rights  and  duties  and 
be  liable  to  the  same  obligations,  penalties,  pains  and  proceedings,  as  now  pro- 
vided by  law,  except  that  said  collector  shall,  within  the  life  of  his  warrant  or 
the  renewals  thereof,  pay  all  moneys  collected  by  him  as  such  collector  to  the 
treasurer  of  said  school  district. 

§  10  The  said  board  shall  have  power  and  it  shall  be  their  duty. 

T  To  organize  and  establish  such  and  so  many  schools  or  departments  in  said 
district  as  they  deem  requisite  and  expedient  and  to  alter  and  discontinue  the 
same. 

2  To  purchase  and  hire  schoolrooms  or  houses,  lots  or  sites  for  schoolhouses, 
or  sites  with  buildings  thereon,  to  be  used  as  schoolhouses,  and  to  fence  and  im- 
prove such  sites  as  they  may  deem  proper. 

3  Upon  such  lots  and  upon  such  sites  owned  by  said  district,  to  build,  enlarge, 


EDUCATION    CODE  12/ 

alter,  improve  and  repair  sclioolhouses  and  appurtenances,  as  they  may  deem 
advisable. 

4  To  have  the  custody  and  safekeeping  of  the  schoolhouses,  outhouses,  books, 
furniture,  apparatus  and  appurtenances,  and  to  see  that  their  ordinances  in  re- 
lation thereto  are  observed. 

5  To  contract  with,  license^  and  employ  all  teachers  in  said  schools  or  de- 
partments and  the  academical  department  therein,  and  at  their  pleasure  remove 
them. 

6  To  pay  the  wages  of  the  teacher  in  said  schools  out  of  the  moneys  appor- 
tioned, appropriated  and  provided  by  law,  for  the  support  of  common  schools 
in  said  district,  and  the  wages  of  the  teachers  of  the  academical  department  out 
of  the  moneys  appropriated  to  said  department  from  the  income  of  the  literature 
and  United  States  deposit  funds,  so  far  as  the  same  shall  be  sufficient,  and  the 
residue  of  the  wages  of  the  teachers  in  said  schools  and  academical  department, 
from  the  moneys  authorized  to  be  raised  for  that  purpose  by  section  fourth  of 
this  act,  by  a  tax  upon  said  district. 

7  To  defray  the  contingent  expenses  of  said  common  schools  and  academical 
department,  and  the  expenses  of  the  school  library  of  said  district,  and  the  neces- 
sary and  contingent  expenses  of  the  board,  including  the  annual  salary  of  the 
secretary. 

8  The  said  board  to  have  in  all  respects  the  superintendence,  supervision  and 
management  of  the  common  schools  of  said  district,  and  from  time  to  time 
ndopt,  alter,  modify  and  repeal  as  they  may  deem  expedient  rules  and  regula- 
tions for  their  organization,  government  and  instruction,  or  the  reception  of 
pupils,  and  their  transfer  from  one  school  to  another,  and  generally  for  their 
good  order,  prosperity  and  utility,  and  they  shall  have  the  power  to  expel  or  sus- 
pend any  pupil  or  scholar  from  any  of  the  said  schools  or  departments  for  such 
time  as  they  may  see  fit,  when  in  their  judgment  the  welfare  and  good  order  of 
said  schools  or  departments  may  require.  And  to  have  power  on  the  ist  day  of 
September,  1873,  or  at  any  time  thereafter,  to  establish  in  said  schools  an  academi- 
cal department  to  receive  into  said  schools  or  academical  department,  pupils  re- 
siding out  of  said  district,  and  to  regulate  and  establish  the  tuition  fee  of  such 
nonresident  pupils  in  the  several,  departments  of  said  schools,  and  in  such  aca- 
demical department,  and  to  collect  such  fees  in  the  name  of  said  district ;  to  regu- 
late the  transfer  of  scholars  from  one  department  to  another,  and  for  their  trans- 
fer from  class  to  class ;  to  direct  what  textbooks  shall  be  used  in  said  schools  and 
academical  department ;  to  provide  and  keep  in  repair  school  apparatus,  books 
for  indigent  pupils,  furniture  and  appendages,  and  fuel  and  other  necessaries 
for  the  schools  and  academical  department,  and  to  establish,  alter,  or  discontinue 
so  many  common  schools  in  said  district  as  they  may  see  fit. 

9  To  sell,  whenever  in  their  opinion  it  may  be  advisable,  any  of  the  school- 
houses,  lots  or  sites,  and  appurtenances,  or  any  of  the  school  property  now  or 


1  Authority  to  license  teachers  was  taken  from  the  board  of  education  by  L.   1897,  ch.  512, 
§  3.  and  by  §  14,  title  6  of  the  Consolidated  School  Law. 


128  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

hereafter  belonging  to  said  district.  Such  sale  shall  in  no  case,  however,  be 
made  unless  a  petition,  duly  verified  by  the  president  of  said  board,  setting  forth 
the  necessity  or  expediency  thereof,  shall  first  be  presented  by  said  board  to  the 
county  court  of  Steuben  county,  and  an  order  authorizing  such  sales  and  specify- 
ing the  terms  and  conditions  thereof  shall  be  granted  by  said  court.  Notice  of 
the  presentation  of  such  petition  to  said  judge  shall  be  published  in  all  of  the 
newspapers  published  in  said  district  at  least  ten  days  before  the  presentation 
thereof.  All  moneys  arising  from  such  sales  shall  be  paid  to  the  treasurer  of  the 
district,  and  all  securities  taken  on  account  of  any  such  sale  or  sales  shall  be 
made  payable  to  him. 

10  To  prepare  and  report  to  the  trustees  of  the  village  of  Hornellsville  such 
ordinances  and  regulations  as  may  be  necessary  and  proper  for  the  protection,  and 
safekeeping,  care  and  preservation  of  schoolhouses,  lots,  and  sites,  and  appur- 
tenances, and  all  the  property  belonging  to  the  district,  and  to  sviggest  the  proper 
penalties  for  the  violation  of  such  ordinances  and  regulations. 

11  To  cause  to  be  prepared  and  published  in  the  newspapers  published  in  said 
district,  at  least  ten  days  before  the  annual  meeting  of  the  electors  of  said  dis- 
trict, a  full  report: 

1  Stating  what  schools  have  been  kept  during  the  year  and  for  what  time. 

2  The  whole  number  of  teachers  employed,  and  in  what  department,  and 
salary. 

3  The  number  of  children  on  the  roll  in  each  department,  and  the  average 
attendance  of  each. 

4  The  number  of  children  in  the  district  between  the  ages  of  5  and  21. 

5  The  amount  of  school  money  received  by  the  treasurer,  and  from  what 
source  received. 

6  An  itemized  statement  for  what  purpose  expended. 

7  And  such  other  information  as  they  may  deem  necessary  to  publish. 

12  To  make  and  direct  between  the  first  and  second  Tuesdays  in  October,  to 
the  school  commissioner  of  the  district  in  which  said  school  district  is,  a  report 
in  writing  dated  on  the  first  day  of  October  of  the  year  in  whi:h  it  is  made,  and 
shall  sign  and  certify  it,  and  deliver  it  to  the  clerk  of  the  town  of  Hornellsville 
aforesaid,  and  every  such  report  shall  certify : 

1  The  whole  time  any  school  has  been  kept  in  said  district  during  the 
year  ending  on  the  day  previous  to  the  date  of  such  report,  and  distinguish- 
ing what  portion  of  the  time  such  school  has  been  kept  by  qualified  teachers, 
and  the  whole  number  of  days,  including  holidays,  in  which  the  school  was 
taught  by  qualified  teachers. 

2  The  amount  of  their  drafts  upon  the  supervisor  or  treasurer  of  said 
district  for  the  payment  of  teachers'  wages  during  such  year,  and  the  amount 
of  their  drafts  upon  him  for  purchase  of  books  and  school  apparatus  dur- 
ing such  year,  and  the  manner  in  which  such  moneys  have  been  expended. 

3  The  number  of  children  taught  in  the  district  school  or  schools  during 


EDUCATION    CODE  I2y 

such  year  by  qualified  teachers,  and  the  sum  of  the  days'  attendance  of  all 
such  children  upon  the  school. 

4  The  number  of  children  residing  in  the  district  on  the  last  day  of  Sep- 
tember previous  to  the  making  of  such  report,  between  the  ages  of  5  ^^d  21 
years,  and  the  names  of  the  parents  or  other  persons  with  whom  such  child- 
ren respectively  reside,  and  the  number  of  children  residing  with  each. 

5  The  amount  of  money  paid  for  teachers'  wages,  in  addition  to  the  public 
money  paid  therefor,  the  amount  of  taxes  levied  in  said  district  for  purchas- 
ing schoolhouses,  sites  for  buildings,  hiring,  purchasing,  repairing  and  in- 
suring schoolhouses,  for  fuel,  for  district  libraries,  or  for  any  other  pur- 
pose allowed  by  law,  and  such  other  information  in  relation  to  the  schools 
and  the  district  as  the  Superintendent  of  Public  Instruction  may  from  time 
to  time  require. 

§  1 1  The  board  of  education  shall  provide  that  each  department  shall  be  visited 
by  a  committee  of  one  or  more  of  their  number  at  least  once  in  each  term. 

>;  12  The  academical  department  to  be  established  as  aforesaid  shall  be  under 
the  visitation  of  the  Regents  of  the  University  of  this  State,  and  shall  be  sub- 
ject to  its  course  of  education,  and  matters  pertaining  thereto  but  not  in  refer- 
ence to  the  buildings  or  erections  in  which  the  same  is  conducted,  unless  in 
case  the  buildings  or  erections  aforesaid  are  separate  from  those  of  the  com- 
mon school  department;  to  all  the  regulations  made  in  regard  to  academies  by 
said  Regents;  and  in  such  department,  the  qualifications  for  the  entrance  of  any 
pupil  shall  be  the  same  as  those  established  by  the  said  Regents  for  admission 
into  any  academy  of  the  State  under  their  supervision ;  and  such  academical  de- 
partment shall  share  in  the  distribution  of  the  income  of  the  literature  fund,  and 
of  the  income  of  the  United  States  deposit  fund,  with  academies  in  the  State 
■subject  to  the  visitation  of  the  Regents  of  the  University.  Such  academical  de- 
partment shall  be  known  as  the  Hornell  Free  Academy,^  and  shall  be  forever 
free  to  all  persons  of  school  age,  who  are  residents  of  the  said  district,  and  who 
shall  comply  with  the  regulations  of  the  said  board  of  education. 

§  13  It  is  hereby  provided  that  in  case  the  board  of  education  shall  deem  it 
expedient  to  purchase  additional  sites  or  lots,  and  to  erect  additional  buildings 
for  the  use  of  said  school,  or  to  erect  a  building  for  an  academy  in  said  district. 
tliey  shall  submit  the  question  to  a  vote  of  the  taxpayers  of  the  district  at  the 
annual  meeting,  or  at  a  special  meeting  called  for  that  purpose,  specifying  the 
amount  to  be  raised  and  the  manner  of  raising  it,  which  vote  shall  be  taken  by 
ballot,  and  if  a  majority  of  the  persons  voting  shall  be  in  favor  of  the  propositions 
of  the  board  of  education,  then  they  shall  have  the  power  to  raise  the  sum  of 
money  voted  for  that  purpose  by  a  tax  on  the  real  and  personal  property  in  said 
district,  which  shall  be  liable  to  taxation  for  town  and  county  charges,  in  like 
manner  as  other  taxes  are  raised  in  said  district ;  and  the  board  of  education  are 


'  Name  changed  from  Hornell  Free  Academy  to  Hornellsyille  High  School  by  act  of  the 
I\cgents,  January  20,  1898. 

5 


130  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

authorized  and  directed,  when  necessary,  to  borrow  in  anticipation  the  amount 
of  taxes  to  be  raised,  collected  and  levied  as  aforesaid  and  give  the  bonds  of 
the  district,  signed  by  the  president  of  the  board  of  education  and  under  the  seal 
of  the  district,  as  security  for  the  repayment  of  the  moneys  so  borrowed.  The 
money  to  be  raised  and  paid  in  annual  instalments  or  otherwise  as  the  board 
shall  deem  expedient;  such  proposition,  stating  the  object  thereof,  shall  be  first 
published  in  all  the  newspapers  published  in  said  district,  as  least  two  weeks  be- 
fore said  meeting. 

§  14  This  act  shall  extend  over  and  be  applicable  to  all  the  territory  lying  within 
the  bounds  of  district  number  7  of  the  town  of  Hornellsville ;  and  the  office  of 
school  commissioner,  so  far  as  is  applicable  to  said  district,  except  as  herein  pro- 
vided, is  hereby  abolished. 

§  15  This  act  shall  take  efifect  the  first  day  of  July,  1873 ;  and  all  acts  and  parts 
of  acts  inconsistent  with  the  provisions  of  this  act  are  hereby  repealed. 

§  16  There  shall  be  five  trustees  in  said  school  district  number  7;  one  of 
whom  shall  be  elected  at  each  annual  meeting  of  said  district,  and  those  here- 
after so  elected  shall  hold  their  office  for  the  term  of  five  years.  {As  added  b\' 
L.  188 1,  ch.  294.) 

Chapter  288,  Laws  of  igo6 

An  act  to  revise  the  charter  of  the  city  of  Hornellsville  and  to  change  the  name 

thereof 

§  56.  .  .  .  He  [the  city  chamberlain]  shall  collect  and  receive  all  school 
taxes  levied  and  imposed  by  the  board  of  education  of  school  district  number  7 
in  the  manner,  as  nearly  as  may  be,  and  with  the  fees  provided  by  law  for  the 
collection  of  school  taxes ;  and  the  tax  collected  shall  be  paid  by  him  to  the  treas- 
urer of  said  board  of  education  every  five  days,  and  the  fees  coUecied  shall  be 
paid  to  the  city  and  credited  to  the  board  of  public  works  fund.  Said  city  cham- 
berlain shall  annually  settle  with  and  account  to  said  board  of  education  for  all 
such  money  received  by  him  during  the  preceding  year,  in  the  manner,  as  nearly 
as  may  be,  provided  by  law  for  school  tax  collectors. 

§  57  •  •  •  Such  chamberlain  shall  also,  within  ten  days  after  he  shall  as- 
certain the  amount  of  any  school  tax  to  be  received  by  him,  execute  and  deliver 
to  the  board  of  education  of  school  district  7  a  bond,  similar,  as  nearly  as 
may  be,  to  the  bond  required  by  law  or  collectors  of  school  districts  in  this  state. 
No  warrant  for  the  collection  or  reception  of  any  school  tax  shall  be  delivered  I 
to  said  chamberlain  until  such  bond  shall  have  been  executed  and  delivered  by 
him  as  aforesaid,  and  approved  by  the  board  of  education  of  said  district. 

g  79.   If  any  such  taxes  shall  remain  unpaid  after  diligent  efifort  made  to  col-     i 
lect  the  same  by  virtue  of  such  warrant,  and  the  officer  to  whom  the  warrant  is    [ 
delivered  shall  not  be  able  to  collect  the  same,  the  chamberlain   shall  prepare 
separate  accounts  of  such  city  and  school  taxes  in  the  manner  required  by  law  or 
town  collectors,  which  he  shall  verify  by  comparison  with  the  assessment  roll,  and 
certify  to  be  correct  and  to  each  of  which  shall  be  annexed  the  affidavit  of  the 


EDUCATION    CODE  I3I 

officer  to  whom  the  warrant  was  delivered,  that  the  sums  mentioned  in  such  ac- 
count remain  unpaid,  that  he  has  not  been  able  upon  diligent  inquiry,  to  dis- 
cover any  goods  and  chattels  belonging  to  or  in  possession  of  the  person  charged 
with  or  liable  to  pay  such  sums,  whereupon  he  could  levy  the  same.  The  cham- 
berlain shall  deliver  such  account  of  unpaid  city  taxes  to  the  common  council 
which  shall  be  filed  with  the  city  clerk  and  such  account  of  unpaid  school  taxes 
to  the  board  of  education  of  said  district  respectively,  which  shall  be  filed  with 
the  clerk  thereof,  and  he  shall  have  the  proper  credits  therefor.  .  .  but  noth- 
ing herein  contained  shall  be  construed  to  repeal  or  in  any  way  impair  the  effect 
of  the  provision  of  the  existing  laws  of  this  State,  and  the  methods  of  procedure 
and  requirements  thereof,  or  the  exisiting  laws  as  to  the  collection  or  payment  of 
any  unpaid  or  returned  school  taxes. 


HUDSON 

Chapter  751,  Laws  of  1895 
An  act  to  revise  and  consolidate  the  several  acts  in  relation  to  the  city  of  Hudson ; 
to  revise  the  charter  of  said  city ;  and  to  establish  a  city  court  therein  and  define 
its  jurisdiction  and  powers 

TITLE    XXIV 

THE  BOARD  OF  EDUCATION 

Section  144  The  board  of  education  of  the  city  of  Hudson  shall  be  a  body 
corporate  composed  of  the  members  of  the  board  of  education  and  shall  have 
power  to  sue  and  defend  in  all  courts.  It  shall  have  charge  of  the  educational 
interests  of  the  city.  Its  annual  meeting  shall  be  held  on  the  last  business  day 
of  each  fiscal  year,  and  it  shall  then  organize  for  the  ensuing  fiscal  year  by  the 
election  of  one  of  its  members  as  president.  It  shall  hold  regular  monthly 
meetings  on  such  days  as  shall  be  designated  by  a  majority  of  its  members. 
Special  meetings  may  be  called  at  any  time  by  the  president,  or  by  any  three 
members,  by  written  notice  specifying  the  objects  of  the  meeting,  which  shall 
be  served  upon  each  member  not  signing  the  same  at  least  twenty-four  hours 
before  the  meeting  by  delivering  the  same  to  him  or  leaving  the  same  at  his 
place  of  residence.  Three  members  shall  constitute  a  quorum.  The  secretary 
shall  keep  a  record  of  the  proceedings  of  the  board,  and  have  charge  of  its  books, 
accounts,  papers  and  vouchers.  Such  records  or  copies  thereof  attested  by  the 
secretary  and  president  shall  be  received  in  all  courts  as  prima  facie  evidence  of 
the  doing  of  the  acts  therein  recorded.  All  records,  books,  accounts,  vouchers 
and  papers  of  said  board  shall  be  open  to  public  inspection. 

§  145  Said  board  of  education  shall  have  the  power,  and  it  shall  be  its  duty: 

1  To  divide  the  city  into  school  districts ;  to  establish,  organize  and  reorganize 
such  and  so  many  schools,  including  the  common  schools  now  established,  as  it 
shall  deem  requisite  and  expedient,  and  to  discontinue  the  same. 

2  To  purchase  or  lease  schoolhouses,  lots  or  sites  for  schoolhouses.  and  upon 
such  lots  and  upon  any  sites  now  owned  by  said  city,  and  used  for  school  pur- 
poses, to  build,  enlarge,  improve,  alter  and  repair  schoolhouses.  outhouses  and 
appurtenances,  subject  to  the  jirovisions  of  this  act. 

3  To  purchase,  improve  and  exchange  school  apparatus,  books,  furniture  and 
appendages,  and  to  have  charge  of  all  the  real  and  personal  property  of  the  city, 
provided  for  school  purposes,  including  the  joint  school  district  library  of  the  city 
of  Hudson,  and  to  make  all  proper  and  necessary  regulations  concerning  the 
same,  and  it  may  appropriate  for  the  benefit  of  said  library  or  for  apparatus 
necessary  for  the  schools,  out  of  the  moneys  annually  raised  in  the  said  city  for 
school  purposes,  an  amount  not  exceeding  one  hundred  dollars  in  addition  to  the 
library  money  received  from  the  State. 

[132] 


EDUCATION    CODE  133 

4  To  appoint  a  librarian  who  shall,  under  its  direction,  have  special  charge 
of  the  library,  and  to  pay  the  said  librarian  a  salary  not  exceeding  fifty  dollars 
per  annum  out  of  the  school  funds  of  the  city. 

5  To  defray  all  the  expenses  connected  with  the  schools  out  of  the  moneys  pro- 
vided for  school  purposes. 

6  To  examine,  license,  employ  and  pay  all  teachers  of  the  schools  under  its 
charge,  and  at  its  pleasure  to  remove  them.  No  teacher  employed  as  such  shall 
be  a  member  of  the  board  of  education  or  a  child  of  any  such  member. 

7  To  determine  the  kind  of  class  books  to  be  used  in  the  several  schools ; 
the  books  thus  adopted  to  be  uniform  throughout  all  the  schools  as  near  as 
may  be. 

8  To  have  the  superintendence,  supervision  and  management  of  the  public 
schools  of  said  city,  and  adopt,  alter  and  repeal  rules  and  regulations  for  their 
organization,  government  and  instruction,  for  the  reception  of  pupils,  for  their 
transfer  from  one  school  to  another,  and  generally  for  the  promotion  of  the 
good  order  and  utility  of  said  schools. 

§  146  The  said  board  of  education  shall  also  have  power  to  allow  the  children 
of  persons  not  residents  of  Hudson  to  attend  the  schools  of  said  city  upon  such 
terms  as  the  board  shall  by  resolution  prescribe.  The  money  received  from 
nonresidents  shall  be  used  for  school  purposes. 

§  147  No  officer  or  person,  shall  have  power  to  make  or  shall  make  any 
purchase,  create  any  liability,  or  contract  any  debt  on  the  part  of  said  board, 
unless  specifically  authorized  by  said  board  so  to  do ;  and  no  account,  claim 
or  demand  shall  be  audited,  allowed  or  paid  by  said  board,  unless  the  same  was 
so  authorized,  nor  shall  any  member  of  said  board  be  directly  or  indirectly  in- 
terested in  any  contract  made  by  said  board. 

§  148  Each  member  of  the  board  shall  visit  all  the  schools  under  its  charge 
not  less  than  once  in  each  year,  and  said  board  shall  provide  that  each  school 
shall  be  visited  by  a  committee  of  its  members  at  least  once  in  each  term. 

§  149  The  title  of  the  schoolhouses,  sites,  lots,  furniture,  books,  apparatus 
and  appurtenances  and  all  other  school  property  shall  be  vested  in  the  city  of 
Hudson,  and  the  same,  while  used  or  appropriated  for  school  purposes,  shall 
not  be  levied  or  sold  by  virtue  of  any  warrant  or  execution  nor  be  subject  to 
taxation  for  any  purposes  whatever. 

§  150  The  common  council  may,  by  a  two-thirds  vote  of  all  its  members, 
upon  the  recommendation  of  said  board  of  education,  sell  any  of  the  school- 
houses,  sites,  lots  or  any  of  the  school  property  now  or  hereafter  belonging  to 
said  city  upon  such  terms  as  the  common  council  shall  deem  necessary.  The 
proceeds  of  all  such  sales  shall  be  paid  to  the  city  treasurer  and  deposited  to 
the  credit  of  the  board  of  education  and  shall  be  by  said  board  expended  in 
the  purchase,  repairs  or  improvement  of  school  buildings,  lots,  sites  or  school 
furniture,  apparatus  or  appurtenances. 

§  150-a  It  shall  be  the  duty  of  said  board  of  education  to  certify  within  ten 
days  after  this  act  shall  take  effect,  and  annually  thereafter  on  or  before  the 
last  business  day  of  the  fiscal  year  to  the  com.mon  council,  an  estimate  of  the 


134  THE    UNIVERSITY   OF   THE   STATE   OF    NEW    YORK 

amount  of  moneys  necessary  to  be  raised  during  the  ensuing  year  for  the  purposes 
of  the  board  of  education,  specifying  in  detail  the  objects  thereof,  under  appro- 
priate heads : 

1  For  salaries  of  teachers 

2  For  buildings,  including  purchase  of  sites 

3  For  repairs 

4  For  library 

5  For  contingent  expenses 

(As  added  by  L.  igoy,  ch.  130.) 

§  150-b  The  common  council  shall  have  power  and  it  shall  be  its  duty,  if 
the  said  estimate,  certified  by  the  board  of  education,  as  herein  provided,  shall 
not  exceed  in  amount  a  sum  equal  to  twenty  dollars  per  capita,  based  on  the 
total  number  of  persons  enrolled  as  resident  pupils  in  the  public  schools  in  said 
city,  for  the  year  ending  on  the  31st  day  of  December,  next  preceding  the  levying 
of  the  general  city  taxes  in  each  year,  to  appropriate  and  raise  by  tax  to  be 
levied  upon  the  real  and  personal  estate  in  said  city,  which  shall  be  liable  to 
taxation  for  the  ordinary  city  taxes  or  for  the  city  and  county  charges,  such 
sum  or  sums  of  money,  so  certified  to  be  necessary  for  the  maintenance  of  the 
board  of  education  and  to  defray  the  expenses  of  the  said  board:  but  if  the 
total  amount  of  said  estimate  shall  exceed  in  amount  a  sum  equal  to  twenty 
dollars  per  capita,  based  upon  the  total  number  of  persons  so  enrolled  as  resident 
pupils  as  aforesaid,  then  the  common  council  may,  in  its  discretion,  appropriate 
and  raise  by  tax.  as  herein  provided,  any  sum  not  greater  than  the  estimate 
so  certified  and  not  less  than  twenty  dollars  per  capita,  based  on  said  total 
number  of  persons  so  enrolled  as  resident  pupils  as  aforesaid,  provided  never- 
theless that  the  tax  to  be  levied  as  aforesaid  and  collected  by  virtue  of  this 
act  shall  be  collected  at  the  same  time  and  in  the  same  manner  as  other  city 
taxes,  and  the  common  council  of  said  city  are  authorized  and  directed,  when 
necessary,  to  raise  by  loan  in  anticipation  of  the  taxes,  the  amount  to  be  raised, 
collected  and  levied  as  aforesaid,  or  any  part  thereof.  (As  added  by  L.  1907, 
ch.  130.) 

§  150-C  It  shall  be  the  duty  of  the  common  council  within  fifteen  days  after 
receiving  the  certificate  of  the  board  of  education  hereinbefore  required,  of 
the  sum  necessary  or  proper  to  be  raised  for  school  purposes,  to  determine  and 
certify  to  said  board  of  education  the  amount  that  will  be  raised  by  them  for 
the  ensuing  fiscal  year  for  said  board  of  education.  (As  added  by  L.  IQO/. 
ch.  130.) 

§  151  Whenever  it  shall  be  necessary,  in  the  opinion  of  the  hoard  of  educa- 
tion, to  build,  enlarge,  rebuild  or  repair  any  school  building,  or  buildings,  their 
outhouses  or  appurtenances,  or  to  purchase  a  site  or  sites  or  furniture  or  equip- 
ment therefor,  then,  upon  the  recommendation  in  writing  of  three-fourths  of  the 
members  of  said  board,  filed  in  the  office  of  the  city  clerk,  the  common  council 
may,  by  a  vote  of  two-thirds  of  all  the  members  thereof,  raise  the  amount 
necessary  for  such  purpose  or  purposes  on  the  credit  of  the  city,  by  issuing  bonds 


EDUCATION    CODE  135 

of  said  city,  of  such  form  as  said  council  shall  prescribe,  at  a  rate  of  interest 
not  to  exceed  five  per  centum  per  annum. 

In  the  year  1913  the  board  of  education  may,  by  a  certificate  in  writing  signed  by 
four-fifths  of  its  members  and  filed  in  the  office  of  the  city  clerk,  certify  to  the 
common  council  that  the  erection  of  a  new  high  school  building  in  said  city 
and  the  purchase  of  a  site,  furniture  and  ecjuipment  therefor,  are  necessary, 
which  certificate  shall  further  certify  the  sum  or  sums  of  money  required,  in 
the  opinion  of  the  board  of  education,  for  such  purposes.  Said  certificate  shall 
be  presented  by  the  city  clerk  to  the  common  council  at  its  next  meeting  after 
such  filing,  and  shall  be  recorded  at  length  in  the  record  of  the  proceedings 
of  the  common  council.  The  common  council  shall  thereupon,  and  within 
thirty  days  after  the  filing  of  such  certificate,  raise  upon  the  credit  of  the  city 
such  sum  or  sums  of  money  as  shall  be  stated  in  said  certificate  and  for  the 
purpose  or  purposes  therein  stated,  but  not  exceeding  the  sum  of  seventy-five 
thousand  dollars,  by  the  issue  and  sale  of  bonds  of  the  city  in  such  form  and 
of  such  denominations  as  the  common  council  shall  prescribe,  and  at  a  rate  of 
interest  not  exceeding  five  per  centum  per  annum  and  payable  at  such  times 
and  in  such  instalments  as  the  common  council  shall  prescribe.  And  in  the  year 
nineteen  hundred  and  fourteen  the  board  of  education  may  by  a  like  certificate 
made,  signed,  filed,  presented  and  recorded  in  like  manner,  further  certify  to  the 
common  council  that  in  the  opinion  of  the  board  of  education  a  further  sum  or 
further  sums  of  money  are  required  for  the  completion  of  the  said  new  high 
school  building,  and  thereupon  the  common  council  may  raise  upon  the  credit  of 
the  city  such  sum  or  sums  of  money  as  shall  be  stated  in  such  certificate  and  for 
the  purpose  or  purposes  therein  stated,  but  not  exceeding  fifteen  thousand  dollars, 
by  the  issue  and  sale  of  bonds  of  the  city  in  such  form  and  of  such  denominations 
as  the  common  coimcil  shall  prescribe  and  at  a  rate  of  interest  not  exceeding  five 
per  centum  per  annum  and  payable  at  such  times  and  in  such  instalments  as  the 
common  council  shall  prescribe.  Such  bonds  shall  be  known  and  described  as 
"  high  school  bonds  "  and  shall  be  signed  by  the  mayor  and  city  clerk  and  shall 
be  sealed  with  the  seal  of  the  city,  and  shall  be  sold  in  such  manner  as  shall  be 
deemed  by  the  common  council  as  likely  to  secure  the  greatest  attainable  price 
for  such  bonds,  but  not  less  than  par.  The  proceeds  of  the  sale  of  such  bonds 
shall  be  dcj^osited  with  the  city  treasurer  to  the  credit  of  the  board  of  education, 
subject  to  its  draft,  to  be  used  for  the  purpose  or  puri)Oses  stated  in  said  certifi- 
cate of  the  board  of  education. 

Any  and  all  bonds  provided  for  in  this  section  and  the  interest  thereon  shall 
be  paid  and  discharged  by  tax  on  the  taxable  property  within  the  city,  and  the 
common  council  shall  cause  the  amount  falling  due  each  year  on  such  bonds 
to  be  assessed,  levied  and  collected  at  the  same  time  and  in  the  same  manner 
as  other  taxes  are  collected  and  paid  in  said  city,  and  in  addition  thereto.  (As 
amended  by  L.  191^,  ch.  ^14;  L.  19 14,  ch.  228.) 

§  152  All  moneys  appropriated,  raised  or  received  pursuant  to  the  provisions 
of  this  title,  and  all  school  moneys  appropriated  or  provided  by  law  for  said 
city,  shall  be  paid  to  the  city  treasurer. 


136  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

§  153  Whenever,  in  the  opinion  of  the  board,  it  may  be  advisable,  it  shall  be 
its  duty  to  recommend  to  the  common  council  such  ordinances  as  it  may  deem 
necessary  to  carry  the  foregoing  powers  into  execution. 

§  154  It  shall  be  the  duty  of  said  board  to  make  the  annual  report  to  the 
State  Superintendent  of  Public  Instruction,  on  or  before  the  ist  day  of  Novem- 
ber, of  such  matters  as  shall  be  required.  The  Superintendent  of  Public  In- 
struction shall  continue  to  appropriate  to  the  city  of  Hudson,  from  the  school 
moneys  of  the  State,  the  same  amount  as  is  provided  for  other  cities  where 
special  supervision  of  the  schools  is  maintained. 

§  155  The  superintendent  of  public  schools  shall  perform  such  duties  in 
relation  to  the  schools  of  the  city  as  the  board  of  education  shall  from  time 
to  time  direct,  and  shall  be  the  secretary  of  said  board,  which  shall  fix  his 
compensation. 

Section  5  provides  for  a  board  of  education  of  five  members  and  a  superin- 
tendent of  public  schools.  Section  19  provides  that  the  members  of  the  board 
of  education  shall  be  appointed  and  may  be  removed  by  the  mayor.  It  also 
fixes  the  full  term  of  a  member  of  the  board  of  education  as  five  years. 
Section  21  provides  that  the  mayor  may  fill  a  vacancy  on  such  board  for  the 
unexpired  term.  Under  section  23  the  members  of  the  board  of  education  are 
required  to  file  with  the  city  clerk  a  bond  of  $5000  approved  by  the  mayor  for 
the  faithful  discharge  of  their  duties.  Under  section  27  members  of  such  board 
are  required  to  take  the  usual  constitutional  oath  of  office 


4 


ITHACA 

Chapter  503,  Laws  of  igo8 
An  act  to  consolidate  and  revise  the  several  acts  relative  to  the  city  of  Ithaca 

TITLE  VIII 
DEPARTMENT  OF  EDUCATION 
Section  170  City  one  school  district 

171  Commissioners ;  board  of  education 

172  Election  of  commissioners 

173  City  chamberlain  to  be  school  collector 

174  Commissioners  to  take  oath  of  office;  vacancies,  how  filled 

175  Removal  for  misconduct;  resignation 

176  Annual  meeting;   president;   no  compensation 

177  Regular  meetings;  special  meetings,  how  called 

178  Appointive  officers  of  the  board;  their  duties;  records  of  meetings;  evidence 

179  Powers  of  board  of  education  to  raise  funds  by  taxation 

180  Taxes;   how  assessed,   levied   and   collected;   bond   of   city  chamberlain;    notice 

to  be  published  and  posted 

181  City  chamberlain  to  collect  without  compensation  other  than  salary;   to  collect 

percentage  additions;  daily  payment  to  treasurer  of  board;   settlement  with 
board 

182  Certain  provisions  of  consolidated  school  laws  applicable 

183  All  moneys  to  be  paid  to  the  treasurer  of  the  board 

184  All  moneys  to  be  deposited  to  credit  of  the  board 

185  Drafts  on  county  treasurer  for  various  funds  from  the  State 

186  Treasurer  to  pay  out  moneys  on  drafts  of  the  board;  make  written  statement, 

when   required;   settlement  with  board  and  payment  to  his  successor 

187  Board  may  prosecute  official  bond  of  city  chamberlain  or  treasurer 

188  Powers  and  duties  of  the  board  enumerated 

189  Raising  fund   for  new  building;  to  be  submitted  to  voters 

190  High   school  one  of  the  academies  of   the    State;   subject  to  visitation  of  the 

Regents ;  shall  share  in  State  funds 

191  Annual  reports   to  State   Superintendent 

192  State   Superintendent   to  apportion   school   funds;   same  to  be   paid  by  county 

treasurer 

193  School  to  be  free  to  residents  ;   tuition  required   for  nonresidents 

194  Board  to  be  trustees  of  the  school  district  library ;   its  powers  and  duties   in 

relation  thereto;  may  appropriate  two  hundred  and  lifty  dollars  annually 

195  Title  of   school   property   vested   in   board   of   education;   exemption   from   levy 

and  sale;   powers  of  board  to  take  and  hold  property 

196  Annual  statement  to  be  published ;  contents 

197  Notice  of  city  clerk  of  election  or  appointment;  penalty   for  refusal  to  serve: 

for  neglect  of  duty;  prosecutions 

198  Board  may  appoint  a  superintendent  of  schools;  prescribe  his  duties;  his  other 

duties;  salary 

199  Conflicting  acts  repealed;  power  of  State  Superintendent  preserved;  his  decision 

of  disputes  final 

Section  170  All   school  districts  and  parts  of  school  districts  in  the  city  of 
Ithaca  shall,  for  the  purposes  hereinafter  mentioned,  form  one  school  district,  to 

[137I 


1T,8  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

be  called  the  school  district  of  the  city  of  Ithaca.  Said  district  shall  not  be  al- 
tered except  by  legislative  enactment. 

§  171  The  present  commissioners  of  the  school  district  of  the  city  of  Ithaca, 
for  the  periods  for  which  they  were  respectively  chosen,  or  their  successors  in 
case  of  vacancies  occurring  before  the  expiration  of  such  periods  respectively, 
shall  be  commissioners  of  the  school  district  of  the  city  of  Ithaca,  and  the  said 
commissioners  and  their  successors,  chosen  as  in  this  act  provided,  are  hereby 
continued  a  body  corporate,  styled  the  board  of  education  of  the  city  of  Ithaca. 
A  majority  of  the  commissioners  shall  constitute  a  quorum. 

§  172  There  shall  be  elected  annually  at  each  annual  city  election  in  said  city, 
in  the  same  manner  as  other  general  city  ofiicers  are  elected,  and  by  vote  of  the 
inhabitants  qualified  to  vote  for  such  general  city  officers,  or  qualified  to  vote  as 
provided  by  the  Consolidated  School  Law  of  the  State,  four  commissioners,  to 
fill  the  places  of  those  whose  terms  of  office  expire  on  the  ist  day  of  January  next 
succeeding  such  election.  The  commissioners  shall  hold  their  respective  offices 
for  the  term  of  three  years  from  the  ist  day  of  January  next  succeeding  their 
election,  and  until  their  successors  shall  be  elected  and  enter  upon  the  duties  of 
their  office,  respectively. 

§  173  This  act  shall  not  be  so  construed  as  to  disqualify  any  commissioner 
aforesaid  for  reelection.  The  city  chamberlain  of  the  city  of  Ithaca  shall  by  that 
title  be  the  collector  ex  officio  of  the  said  school  district  of  the  city  of  Ithaca,  and 
his  duties,  authority  and  jurisdiction  shall  extend  to  all  taxes  levied  by  the  said 
board  of  education  of  the  city  of  Ithaca  during  his  term  of  office  as  such  city 
chamberlain,  and  shall  continue  until  his  final  settlement  with  said  board  of  edu- 
cation as  required  by  section  181  of  this  act.  Said  city  chamberlain  with  refer- 
ence to  said  taxes  shall  also  perform  the  duties,  possess  the  powers,  and  be  sub- 
ject to  the  obligations  prescribed  by  law  for  town  collectors,  except  as  herein 
otherwise  provided. 

§  174  The  commissioners  elected  by  virtue  of  this  act,  before  entering  upon 
the  duties  of  their  office,  shall  each  take  the  oath  of  office  prescribed  by  the  con- 
stitution of  this  State,  before  the  clerk  of  the  city  of  Ithaca,  who  is  hereby  em- 
powered to  administer  said  oath,  and  said  clerk  shall  file  the  same  among  the  rec- 
ords of  the  city.  The  board  of  education  shall  have  power  and  it  shall  be  its  duty 
to  fill  any  vacancy  in  the  said  board  which  may  occur  from  any  other  cause  than 
the  expiration  of  term  of  office,  the  commissioner  so  appointed  to  hold  office 
until  a  successor  is  duly  elected  to  fill  such  vacancy,  and  qualifies. 

§  175  Any  member  of  the  board  of  education  may,  for  neglect  of  duty,  or 
either  immoral  or  official  misconduct,  be  removed  from  office  by  the  board,  by  a 
vote  of  two-thirds  present  at  any  regularly  called  meeting  thereof  ;  but  before  final 
action  thereon,  a  written  copy  of  the  charges  preferred  against  said  member  shall 
be  served  upon  him,  and  he  shall  be  allowed  an  opportunity  to  explain  or  refute 
them.  Any  member  of  said  board  may  resign  his  office  by  giving  one  month's 
])revious  notice,  in  writing,  to  the  said  board,  which  may,  if  it  deem  the  reason 
sufficient,  accept  the  same. 


EDUCATION    CODE  139 

§  176  At  each  annual  meeting  of  the  board  it  shall  elect  one  of  its  number 
president  of  the  board,  and  whenever  he  shall  be  absent,  or  unable  to  act,  it  shall 
appoint  a  president  pro  tempore.  The  board  shall  fix  the  time  for  its  annual 
meeting,  and,  unless  changed  by  a  resolution  of  the  board,  the  time  thus  fixed 
shall  be  the  time  for  future  annual  meetings.  The  commissioners  shall  receive 
no  compensation  for  their  services. 

§  177  The  board  of  education  shall  meet  for  the  transaction  of  business  as 
often  as  once  in  each  month,  and  may  adjourn  for  any  shorter  time.  Special 
meetings  may  be  called  by  the  president,  or,  in  case  of  his  absence  or  inability  to 
act,  by  any  member  of  the  board,  as  often  as  necessary,  by  giving  personal  notice 
to  each  member  of  the  board,  or  by  mailing  a  written  or  printed  notice  to  his 
address,  at  least  twenty-four  hours  before  the  time  for  such  special  meeting. 

§  178  The  board  of  education  shall  appoint  a  secretary,  treasurer  and  libra- 
rian and  such  other  officers  as  in  the  judgment  of  the  board  of  education  may  be 
deemed  necessary,  who  shall  hold  their  offices  during  the  pleasure  of  the  board, 
and  whose  compensation  shall  be  fixed  by  the  board ;  and  the  same  person  may 
hold  two  or  more  of  such  offices.  The  secretary  shall  keep  a  record  of  the  pro- 
ceedings of  the  board  and  perform  such  other  duties  as  the  board  may  prescribe. 
The  treasurer  shall,  before  entering  upon  the  duties  of  his  office,  furnish  a  bond 
acceptable  to  the  board  of  education  in  such  penal  sum  as  may  be  fixed  by  it,  and 
said  board  S'hall  have  power  to  increase  the  amount  of  said  bond  whenever  in  its 
discretion  said  board  may  regard  it  advisable.  The  librarian  shall  have  full 
charge  of  the  library  or  libraries  of  the  district,  and  may  appoint  such  assistants 
as  may  be  necessary,  from  time  to  time,  and  such  assistants  may  be  removed  at 
any  time  by  the  board  of  education.  The  record  of  the  proceedings  of  the  board 
of  education,  or  a  transcript  thereof  certified  by  the  secretary,  shall  be  received  in 
all  courts  as  prima  facie  evidence  of  facts  therein  stated,  and  such  record,  the 
books,  accounts,  vouchers  and  papers  of  the  said  board  shall  at  all  times  be  sub- 
ject to  the  inspection  of  the  common  council  of  the  city,  or  any  committee  thereof, 
or  any  taxpayer,  and  a  transcript  thereof  may  be  taken.  The  board  of  education 
may  by  resolution  prescribe  the  duties  of  any  of  its  appointees,  in  addition  to  the 
duties  specified  in  this  title. 

§  179  The  board  of  education  shall  have  power,  and  it  shall  be  its  duty,  to 
raise,  by  tax  to  be  levied  upon  all  the  real  and  personal  estate  in  said  school  dis- 
trict, which  shall  be  liable  to  taxation  for  school  purposes,  such  sums  as  may  be 
determined  to  be  necessary  and  proper,  for  any  or  all  the  following  purposes,  for 
the  current  year : 

1  To  purchase,  lease  or  improve  sites  for  schoolhouses. 

2  To  build,  purchase,  lease,  alter,  and  repair  schoolhouses,  outhouses  and  ap- 
purtenances thereto  belonging. 

3  To  purchase,  exchange,  improve  and  repair  school  apparatus  and  provide 
suitable  and  necessary  textbooks  for  the  pupils  of  the  several  schools  under  its 
care ;  provided,  however,  that  it  .shall  be  optional  with  said  board  of  education  to 
provide  suitable  and  necessary  text-books  for  the  pupils  attending  the  high  .school. 


140  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

4  To  procure  fuel  and  defray  the  necessary  expenses  in  keeping  the  school- 
houses  in  order,  exclusive  of  repairs,  including  insurance. 

5  To  defray  the  contingent  expenses  of  the  several  schools  and  the  district 
library  or  libraries,  including  salary  of  librarian  and  superintendent. 

6  To  defray  the  contingent  expenses  of  the  board  of  education,  including  the 
salary  of  the  treasurer  and  secretary  thereof. 

7  To  pay  teachers'  wages  after  the  application  of  the  public  money  appropri- 
ated by  law  for  that  purpose. 

8  To  pay  charges  or  expenses  incurred  by  law,  or  necessary  to  carry  this  act 
into  effect,  or  to  refund  loans  contracted  by  law,  and  to  pay  the  interest  thereon, 
or  to  pay  such  sums  as  shall  be  required  to  fulfill  any  contract  duly  made  under 
the  provisions  of  this  act. 

§  180  The  tax  aforesaid  and  all  of  the  taxes  to  be  levied  and  collected  by  vir- 
tue of  this  act,  shall  be  assessed  and  the  tax  list  made  out  and  delivered  to  the 
proper  officer  for  collection,  within  thirty  days  after  the  same  shall  have  been 
voted  by  the  board  of  education.  The  said  tax  list  shall  be  made  out  by  the 
board  of  education  upon  the  basis  of  the  last  assessment  roll  of  the  city,  including 
in  such  tax  list  all  property  on  said  roll  liable  to  taxation  for  school  purposes, 
except  that  the  board  of  education  may  for  such  purpose  amend  and  correct  any 
error  which  may  have  been  discovered  in  said  roll.  The  board  of  education  shall 
attach  to  said  tax  list  its  warrant  for  its  collection,  directed  to  the  city  chamber- 
lain and  signed  by  the  president  and  secretary  of  the  board.  Before  the  delivery 
of  the  warrant  to  him  the  city  chamberlain  shall  execute  and  deliver  to  the  board 
of  education  a  bond  in  a  penalty  fixed  by  the  board,  with  a  surety  company  as 
surety,  to  be  approved  by  the  board,  conditioned  for  his  honestly  and  faithfully 
discharging  his  duties  as  specified  in  this  title,  in  the  collection  of  school  taxes  and 
percentage  additions,  and  accounting  for  and  paying  over  all  such  money  which 
shall  come  into  his  hands  as  such  city  chamberlain.  The  premium  expense  of 
such  bond  shall  be  paid  by  the  board  of  education.  The  said  warrant  shall  be  the 
same  in  form  as  a  warrant  issued  by  the  trustees  of  a  school  district  of  the  State, 
and  it  shall  have  a  like  force  and  effect  as  are  given  to  a  warrant  of  the  trustees 
of  a  school  district  by  the  general  laws  of  the  State.  The  board  of  education 
may,  from  time  to  time  as  it  shall  deem  proper,  renew  any  warrant,  or  extend  the 
time  for  the  return  of  any  warrant,  issued  for  the  collectioir  of  any  tax  assessed 
by  them  by  virtue  of  this  act.  The  board  of  education,  upon  delivering  any  tax 
list  and  warrant  to  the  city  chamberlain,  shall  retain  a  copy  of  the  same  and  shall 
take  a  receipt  from  the  city  chamberlain  for  the  said  tax  list  and  warrant,  which 
receipt  shall  specify  the  amount  and  the  percentage  additions  to  be  collected,  and 
the  return  day  of  the  said  tax  list.  The  board  of  education  shall  also,  imme- 
diately upon  the  delivery  of  any  tax  list  to  the  city  chamberlain,  publish  a  notice 
thereof  in  two  of  the  city  papers,  stating  that  until  a  date  therein  specified,  which 
shall  not  be  less  than  one  month  after  the  first  publication,  the  city  chamberlain 
will  collect  and  receive  said  taxes  at  his  office  without  percentage.  At  least  five 
copies  of  said  notice,  in  large  type,  shall  be  posted  in  at  least  five  public  places  in 


EDUCATION    CODE  I4I 

each  ward  of  the  city  at  least  one  month  before  said  date  specified.  (As  amended 
by  L.  igi2,  ch.  438.) 

§  181  The  city  chamberlain  shall  receive  no  compensation  other  than  the  salary 
in  this  act  provided,  for  receiving  or  collecting  any  money  by  virtue  of  said  tax 
list  and  warrant.  For  one  month  next  after  the  expiration  of  the  time  specified 
in  said  notice  the  city  chamberlain  is  authorized  to,  and  he  shall,  collect  and  re- 
ceive on  all  sums  unpaid  three  per  centum  in  addition  for  the  benefit  of  the  board 
of  education,  and  on  all  sums  thereafter  unpaid  five  per  centum  in  addition  for 
the  benefit  of  the  said  board.  In  addition  to  the  above  penalties  a  further  penalty 
may  be  imposed  in  the  discretion  of  the  said  board  of  education,  of  interest  not 
exceeding  six  per  centum  per  annum,  upon  all  taxes  remaining  unpaid  after  six 
months  from  the  date  of  the  tax  warrant.  He  shall  daily  pay  to  the  treasurer  of 
the  board  of  education  all  taxes  and  percentage  collected  or  received.  He  shall 
settle  with  the  board  of  education  at  its  first  regular  monthly  meeting  after  the 
final  expiration  of  said  warrant  and  shall  account  to  it  for  all  moneys  received  by 
him  upon  the  tax  list  delivered  to  him.  He  shall  also  comply  with  section  y2^ 
of  title  7  of  the  Consolidated  School  Law  the  same  as  is  required  of  the  collector 
of  any  other  school  district  of  the  State,  in  which  case  the  board  of  education 
shall  credit  him  with  the  amount  to  which  he  shall  be  entitled  by  virtue  of  the 
said  section.     {As  amended  by  L.  IQ12,  ch.  438.) 

^  182  It  shall  be  the  dut}-  of  the  board  of  education  to  proceed  with  the  ac- 
count of  money  so  credited  to  the  city  chamberlain,  the  same  as  trustees  are  di- 
rected to  do  under  like  circumstances  by  section  73'',  title  7  of  the  law  aforesaid. 
All  the  provisions  of  sections  74,  75,  76  and  "/y"  of  said  title  7  of  the  aforesaid 
law  shall  have  the  same  application  to  the  taxes  of  this  school  district  as  to  those 
of  other  school  districts  of  the  State.  The  board  of  education  shall  also  have  the 
same  power  to  sue  for  and  collect  any  tax  as  is  given  by  section  85*^  of  said  title 
7  of  the  aforesaid  law  to  trustees  of  school  districts. 

§  183  All  moneys  raised  pursuant  to  the  provisions  of  this  title,  and  all  school 
moneys  by  law  appropriated  to  or  provided  for,  or  received  from  any  source  for 
said  city,  shall  be  paid  to  the  treasurer  appointed  by  the  board  of  education,  who, 
together  with  the  sureties  upon  his  official  bond,  shall  be  accountable  therefor. 

§  184  All  moneys  raised  by  virtue  of  this  title,  or  received  from  any  other 
source,  for  the  use  of  the  public  schools  in  said  district,  shall  be  deposited  with 
the  said  treasurer  for  safekeeping  thereof,  to  the  credit  of  the  board  of  education, 
until  drawn  as  hereinafter  provided. 

§  185  The  treasurer  of  the  board  of  education  shall,  at  the  proper  time  in  each 
year,  draw  upon  the  county  treasurer,  or  other  proper  officer,  for  all  moneys 
appropriated  to  said  district  from  the  common  school,  literature  or  other  funds 
of  this  State :  and  he  is  hereby  authorized  to  receive  the  same  for  the  said  district 
as  provided  in  the  preceding  section. 


•Superseded  by  §  433  of  Education  Law  (L.  1909,  ch.  21  as  generally  amended  by  L.  1910. 
ch.  140). 
*■  Superseded  by  §  434  of  Education  Law. 
'Superseded  by  §§  435-38  of  Education  Law. 
"  Superseded  by  §  432  of  Education  Law. 


142  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

§  186  The  said  treasurer  shall  pay  out  the  moneys  received  by  him  by  virtue 
of  this  act  only  upon  drafts  drawn  by  the  president  and  countersigned  by  the  sec- 
retary of  the  board  of  education,  which  drafts  shall  not  be  drawn  except  in  pur- 
suance of  a  resolution  or  resolutions  of  said  board,  and  shall  be  payable  to  the 
person  or  persons  entitled  to  receive  the  money  thereon.  The  treasurer,  when 
required  to  do  so  by  the  board  of  education,  shall  make  to  it  a  written  statement 
of  the  moneys  received  and  disbursed  by  him  on  its  account,  together  with  the 
amount  in  his  hands  at  the  time  of  such  statement.  At  the  end  of  his  official 
term  he  shall  settle  with  the  said  board  of  education,  and  pay  to  his  successor  in 
office,  to  the  credit  of  the  said  board,  all  moneys  remaining  in  his  hands  subject 
to  its  order. 

§  187  The  board  of  education  may  cause  a  suit  or  suits  to  be  prosecuted  in  its 
corporate  name,  upon  the  official  bond  of  the  city  chamberlain  or  treasurer  of  the 
board  for  any  default,  delinquency  or  official  misconduct  in  relation  to  the  collec- 
tion, safekeeping  and  payment  of  any  money  in  this  title  mentioned. 

§  188  The  said  board  of  education  shall  have  the  power  and  it  shall  be  its 
duty: 

1  To  organize,  establish  and  maintain  such  and  so  many  schools  in  said  school 
district,  including  the  common  schools  and  high  school  now  existing  therein,  as 
it  shall  deem  requisite  and  expedient,  and  to  alter  and  discontinue  the  same. 

2  To  purchase  and  hire  schoolhouses  and  rooms,  lots  or  sites  for  schoolhouses. 
and  to  fence  and  improve  them. 

3  Upon  the  lots  and  sites  owned  by  said  board  of  education,  to  build,  enlarge, 
alter,  improve  and  repair  schoolhouses,  outhouses,  and  appurtenances,  as  it  may 
deem  advisable ;  and  to  borrow  money  for  any  of  such  purposes,  and  to  make 
and  issue  certificates  of  indebtedness  or  other  obligations  therefor,  which  shall 
be  binding  upon  said  school  district ;  said  money  shall  be  borrowed  and  said  cer- 
tificates or  obligations  issued  therefor,  only  in  anticipation  of  the  collection  of  the 
.school  tax,  and  for  amounts  actually  contained,  or  to  be  contained,  in  the  school 
tax,  for  the  year  in  which  such  certificates  or  obligations  are  issued,  and  payable 
out  of  such  tax.  Such  certificates  or  obligations  shall  be  due  and  payable  at  any 
stated  time  within  five  years  from  the  date  of  issue,  and  with  the  money  realized 
from  the  collection  of  such  tax.      (As  amended  by  L.  ipi2,  ch.  438.) 

4  To  purchase,  exchange,  improve  and  repair  school  apparatus,  books  for 
pupils  (save  as  hereinbefore  provided),  furniture  and  appendages,  and  to  pro- 
vide fuel  for  the  schools,  pay  the  necessary  insurance  on  buildings  and  school 
property  and  to  defray  contingent  expenses  of  the  school  library. 

5  To  have  the  custody  and  safekeeping  of  the  schoolhouses  and  all  school  prop- 
erty belonging  to  said  district,  and  to  see  that  the  ordinances  of  the  board  in 
relation  thereto  be  observed. 

6  To  contract  with,  examine,  license  and  employ  all  teachers  in  said  schools 
for  such  term  or  terms  of  years  of  service  as  it  may  deem  advisable  for  the  best 
interests  of  the  several  schools,  and  at  its  pleasure  remove  them.  (As  amended 
by  L.  ipop,  ch.  250.) 


EDUCATION    CODE  143 

7  To  pay  the  wages  of  such  teachers  out  of  the  money  appropriated  and  pro- 
vided by  law,  or  by  this  act,  for  the  support  of  common  schools  in  said  district. 

8  To  defray  the  necessary  contingent  expenses  of  the  board,  including  the 
annual  salary  of  its  officers. 

9  To  have  in  all  respects  the  superintendence,  supervision  and  management  of 
the  schools  of  said  district,  and,  from  time  to  time,  to  adopt,  alter,  modify  and 
repeal,  as  it  may  deem  expedient,  rules  and  regulations  for  their  organization, 
government  and  instruction,  and  for  the  reception  of  the  pupils  and  their  transfer 
from  one  class  to  another,  or  from  one  school  to  another,  and  generally  for  their 
good  order,  prosperity  and  utility. 

ID  To  sell  any  of  the  schoolhouses,  lots  or  sites,  or  any  of  the  school  property 
now  or  hereafter  belonging  to  the  district,  when  authorized  to  do  so  by  a  majority- 
vote  at  any  regular  or  special  election  of  the  voters  of  the  district,  upon  such 
terms  as  the  board  shall  deem  most  advantageous ;  and  the  proceeds  of  all  sales 
shall  be  paid  to  the  treasurer  and  shall  be  by  said  board  of  education  expended 
in  the  purchase,  repairs  or  improvements  of  schoolhouses,  sites  or  appurtenances, 
furniture  or  apparatus. 

§  189  Whenever  in  the  opinion  of  the  board  of  education  it  shall  become  ad- 
visable to  erect  any  school  building,  the  estimated  cost  of  which  shall  exceed  ten 
thousand  dollars,  it  shall  cause  an  estimate  of  the  cost  of  such  building  to  be 
made,  and  shall  cause  the  question  of  raising  the  amount  required  by  tax  to  be 
submitted  to  the  decision  of  the  voters  of  the  school  district,  in  such  manner  as 
it  deems  best  calculated  to  procure  a  fair  expression  from  said  voters.  In  case 
the  tax  shall  be  voted,  the  same  may  be  raised  by  instalments,  the  amount  of 
which,  and  the  times  of  payment,  shall  be  left  optional  with  the  board  of  edu- 
cation. 

§  190  The  academy  or  high  school,  connected  with  the  school  system  contem- 
plated by  this  act,  shall  be  recognized  as  one  of  the  academies  of  this  State,  sub- 
ject to  the  visitation  of  the  Regents,  and  shall  be  entitled  to  participate  in  the 
distribution  of  the  income  of  the  literature  fund  and  other  funds  in  the  same  man- 
ner and  upon  the  same  conditions  as  the  other  academies  of  the  State ;  and  the 
Regents  of  The  University  of  the  State  of  New  York  shall  pay  annually  to  the 
board  of  education  of  Ithaca  the  distributive  share  of  the  said  funds  to  which 
tlie  said  academy  or  high  school  shall  be  entitled. 

§  191  Said  board  of  education  shall  make  reports  annually  to  the  State  Super- 
intendent of  Public  Instruction  and  at  such  other  times  as  he  may  request. 

^  192  The  State  Superintendent  of  Public  Instruction  shall  apportion  State 
school  moneys  to  the  city  of  Ithaca  in  the  same  manner  as  to  the  other  cities  of 
this  State.  The  treasurer  of  Tompkins  county  shall,  upon  the  draft  of  the  treas- 
urer of  the  board  of  education,  pay  annually  to  him  the  sum  thus  certified  as  due 
the  said  school  district. 

^  193  The  schools  organized  under  this  act  shall  be  free  to  all  pupils  between 
the  ages  of  5  and  21  years  who  are  actual  residents  of  said  school  district.  The 
board  of  education  shall  decide  all  questions  of  residence  arising  under  this  sec- 
tion.    The  said  board  may  allow  the  children  of  nonresidents  to  attend  the  schools 


144  THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

of  said  district,  and  shall  prescribe  the  rates  of  tuition  of  such  nonresidents,  pay- 
able always  in  advance. 

§  194  The  said  board  of  education  shall  be  the  trustees  of  the  school  district 
library  of  said  district,  and  all  the  provisions  of  law  which  are  now  in  force  or 
hereafter  may  be  passed,  relative  to  school  district  libraries,  shall  apply  to  said 
board  of  education  in  the  same  manner  as  if  it  were  trustees  of  a  school  district. 
It  shall  be  vested  with  the  same  discretion  as  to  the  disposition  of  moneys,  appro- 
priated by  the  laws  of  this  State  for  the  purchase  of  libraries,  which  is  herein 
onferred  on  the  inhabitants  of  school  districts,  and  it  shall  have  the  power  to 
purchase,  exchange,  repair  or  dispose  of  any  books  or  other  property  of  said 
library,  or  cause  it  to  be  done,  and  apply  the  proceeds  to  the  purchase  of  other 
books  or  apparatus ;  also,  to  provide  suitable  rooms  and  furniture  for  said  library, 
and  further  it  may  appropriate  for  the  benefit  of  said  library,  out  of  the  moneys 
annually  raised  in  said  district  by  the  school  tax,  an  amount  not  exceeding  two 
hundred  and  fifty  dollars,  in  addition  to  the  library  money  received  from  the 
State, 

§  195  The  title  of  the  schoolhouses,  sites,  furniture,  books,  and  all  other  school 
property  now,  or  hereafter  belonging  to  the  school  district  of  the  city  of  Ithaca, 
or  to  the  board  of  education  of  the  city  of  Ithaca,  is  and  shall  be  vested  in  the 
board  of  education  of  the  city  of  Ithaca ;  and  the  same  while  used  or  appropri- 
ated for  school  purposes  shall  not  be  levied  on  or  sold  by  virtue  of  any  warrant 
or  execution  or  other  process,  nor  be  subject  to  taxation  for  any  purpose  what- 
ever; and  the  said  board  of  education  of  the  city  of  Ithaca,  in  its  corporate  capac- 
ity, shall  be  competent  to  take,  hold  and  dispose  of  any  real  or  personal  estate, 
transferred  to  it  by  grant,  gift,  bequest  or  devise,  for  the  use  of  the  common 
schools  or  academy  of  said  school  district,  whether  the  same  be  transferred  in 
terms  to  said  board  of  education  by  its  proper  style  or  by  any  other  designation, 
or  by  any  person  or  persons,  or  corporation,  for  the  use  of  said  schools  or  acad- 
emy.    (As  amended  by  L.  igi2,  ch.  438.) 

§  196  It  shall  be  the  duty  of  the  board  of  education  between  the  ist  and  15th 
days  of  October  of  each  year,  to  prepare  and  publish  in  one  or  more  of  the  news- 
papers printed  in  the  city  of  Ithaca,  a  true  and  correct  statement  of  the  receipts 
and  disbursements  under  the  provisions  of  this  act,  for  the  preceding  year  ending 
August  31st,  in  which  account  shall  be  stated  under  appropriate  heads: 

1  The  money  raised  by  the  board  of  education  and  received  by  the  treasurer 
for  its  use. 

2  The  school  moneys  received  by  its  treasurer  from  the  county  treasurer. 

3  All  other  moneys  received  by  its  said  treasurer  subject  to  the  order  of  the 
board  of  education,  specifying  the  sources  from  which  they  sliall  have  been 
derived. 

4  The  manner  in  which  such  sums  of  money  shall  have  been  expended,  specify- 
ini,^  the  amount  under  each  head  of  expenditures,  and  the  person  or  persons  to 
whom  the  money  has  been  paid  except  such  lists  of  persons  as  have  already  been 
published. 


EDUCATION    CODE  145 

5  Such  other  information  as  said  board  shall  deem  proper  in  regard  to  the  con- 
dition of  the  schools  under  its  care. 

§  197  It  shall  be  the  duty  of  the  clerk  of  the  city  immediately  after  the  elec- 
tion or  appointment  of  any  person  to  any  office  mentioned  in  this  title,  personally 
or  in  writing  to  notify  him  of  his  election  or  appointment,  and  any  person  who, 
without  sufficient  cause,  shall  refuse  to  serve  therein  shall  forfeit  the  sum  of  ten 
dollars ;  and  every  person  so  elected  or  appointed,  and  not  having  refused  to  ac- 
cept, who  shall  neglect  to  discharge  the  duties  of  said  office  shall  forfeit  the  sum 
of  twenty  dollars  to  said  board  of  education.  It  shall  be  the  duty  of  said  board 
of  education  forthwith  to  prosecute  for  all  forfeitures  and  penalties  under  this 
title  when  voluntary  payment  is  refused;  and  to  apply  all  money  when  received 
to  the  purpose  of  education  in  said  district.  All  officers  mentioned  in  this  title 
shall  be  deemed  public  officers  within  the  intent  and  meaning  of  the  public  offi- 
cers law  and  the  Penal  Code,  and  as  such  liable  to  the  penalties  therein  pre- 
scribed, in  addition  to  the  penalty  in  this  section  before  provided. 

§  198  The  board  of  education  may,  when  it  shall  deem  it  advisable,  appoint  a 
superintendent  of  schools  for  the  said  school  district,  who  may  ex  officio  be  sec- 
retary of  said  board.  He  shall  be  under  the  direction  of  the  board  of  education, 
and  it  shall  prescribe  his  general  duties.  In  addition  to  such  other  duties  as  may 
be  devolved  upon  him  by  the  board  in  the  visitation  and  superintendence  of  the 
schools  he  shall  examine  the  qualification  of  teachers,  and  grant  certificates  in 
such  manner  and  form  as  may  be  prescribed  by  the  State  Commissioner  of  Edu- 
cation, which  shall  not  be  in  force  longer  than  a  year,  and  which  may  at  any  time 
be  revoked  by  the  board  of  education.  He  shall  be  paid  a  salary  out  of  the  gen- 
eral fund,  to  be  fixed  by  the  board  of  education,  and  may  be  removed  from  office 
by  the  vote  of  a  majority  of  all  the  members  of  the  board. 

§  199  All  former  or  existing  acts,  or  parts  of  acts,  conflicting  or  inconsistent 
with  the  provisions  of  this  title,  are  hereby  repealed,  so  far  as  they  aifect  this 
title,  but  nothing  in  this  title  shall  be  so  construed  as  to  limit,  restrain  or  annul 
the  powers  of  the  Superintendent  of  Public  Instruction.  In  all  matters  of  dis- 
pute which  shall  be  referred  to  him  by  appeal,  and  which  shall  arise  under  and 
by  virtue  of  this  title,  or  under  and  by  virtue  of  any  other  act  which  is  now,  or 
shall  hereafter  be  applicable  to  the  schools,  school  officers  or  school  property  of 
'»r  in  said  district,  his  decision  or  orders  shall  be  final  and  binding. 


Section  208  provides  that  a  vacancy  in  the  office  of  commissioner  of  education 
diall  be  filled  by  the  board  of  education. 


JAMESTOWN 

Chapter  279,  Laws  of  1887 
An  act  to  establish  and  define  the  territory  and  boundaries  of  the  union  free 
school  district  of   the  city  of  Jamestown  and  to   regulate  the   supervision 
and  control  of  said  district 

Section  i  The  school  district  heretofore  known  as  union  free  school  district 
number  i  of  the  town  of  Ellicott  in  the  county  of  Chautauqua,  shall  hereafter 
be  known  and  designated  as  the  union  free  school  district  of  the  city  of  James- 
town, and  the  territory  and  boundaries  of  the  said  city  of  Jamestown  shall  be 
and  constitute  the  territory  and  boundaries  of  the  said  school  district.  When- 
ever the  boundaries  of  said  city  of  Jamestown  shall  be  changed  or  altered,  the 
act  making  such  change  or  alteration  shall  be  construed  to  change  the  boundaries 
of  said  school  district  so  that  at  all  times  the  boundaries  and  territory  of  said 
city  and  of  said  school  district  shall  be  the  same. 

§  2  The  supervision  and  control  of  said  union  free  school  district  shall  be 
and  remain  in  the  existing  board  of  education  of  the  said  district  and  their 
successors  in  office ;  and  the  title  to  all  school  sites  and  property  in  the  territory 
by  this  act  annexed  to  said  district,  shall  be  vested  in  the  said  board  of  education 
the  same  as  school  sites  and  property  now  in  said  district.  The  annual  school 
meeting  of  said  district  shall  be  held  at  the  same  time  fixed  by  the  general 
school  law  in  this  State  for  other  union  free  school  districts  and  the  election 
of  members  of  the  board  of  education  thereof,  shall  be  had  on  the  day  succeed- 
ing the  annual  school  meeting,  as  heretofore.  No  change  shall  be  made  in  the 
management,  direction  or  supervision  of  said  school  district,  including  the  rais- 
ing, assessment  and  levying  of  taxes,  or  in  the  election  or  time  of  election, 
appointment  or  time  of  appointment,  of  any  officer  or  officers  thereof,  by  reason 
of  the  boundaries  of  said  school  district  corresponding  with  the  boundaries  of 
said  city.  The  said  union  free  school  district  shall  be  subject  to  all  the  pro- 
visions of  chapter  555  of  the  Laws  of  1864,  entitled,  "  An  act  to  revise  and 
consolidate  the  general  acts  relating  to  public  instruction,"  and  the  several  acts 
amendatory  thereof  and  supplemental  thereto,  which  are  applicable  to  union 
free  school  districts  whose  limits  do  not  correspond  with  the  limits  of  an  in- 
corporated village  or  city,  except  so  far  as  such  provisions  are  inconsistent 
herewith ;  and  provided  further,  that  nothing  herein  contained  shall  be  con- 
strued to  repeal  the  provisions  of  the  charter  of  the  city  of  Jamestown,  making 
the  treasurer  of  said  city  the  collector  of  said  school  district,  and  prescribing 
the  manner  in  which  the  taxes  thereof  shall  be  collected. 

§  3  The  board  of  education  of  said  school  district  shall  have  power  to  appoint 
a  superintendent  of  common  schools  of  said  city,  who  shall  hold  his  office  for 
the  term  of  three  years,  unless  sooner  discharged  by  said  board,  at  an  annual  salary 

ru6] 


EDUCATION    CODE  I47 

fixed  by  said  board  of  education.  Such  superintendent  shall  have,  under  the  con- 
trol of  the  said  board  of  education,  the  general  supervision  of  all  the  common 
schools  within  the  said  city,  with  authority  to  license  all  teachers  employed  in  the 
common  schools  thereof,  and  to  perform  generally  all  duties  now  imposed  by  law 
upon  commissioners  of  common  schools.  Whenever  such  superintendent  shall  be 
appointed,  the  said  district  shall  be  entitled  to  the  benefits  of  the  provisions  of 
section  6  of  title  3  of  chapter  555  of  the  Laws  of  1864,  and  the  amendments 
thereto. 

§  4  Chapter  441  of  the  Laws  of  1877,  's  hereby  repealed. 

§  5  This  act  shall  take  effect  on  the  loth  day  of  August,  1887. 


JOHNSTOWN 

Chapter  593,  Laws  of  1905 
An  act  to  revise  the  charter  of  the  city  of  Johnstown 

ARTICLE    X 
BOARD   OF    EDUCATION;    SCHOOLS 
Section  220  City  as   school   district 

221  The  board  of  education ;  corporate  powers 

222  Succession  to  property  and  obligations 

223  Annual  election  of  school  officers 

224  Annual  meeting  of  the  board  of  education 

225  Clerk  of  board  of  education 

226  Meetings  of  board  of  education 

227  Rules  ;  quorum  ;   voting 

228  Vacancies  in  board  of  education 

229  General  powers  and  duties  of  the  board  of  education 

230  Records  of  board  as  evidence 

231  Determination  of  amount  of  annual  school  tax  levy 

232  Fees  and  proceedings  of  chamberlain  in  collecting  school  taxes 

233  Chamberlain  authorized  to  borrow  moneys  for  current  expenses 

234  School  funds  to  be  disbursed  upon  warrants  of  the  board  of  education 

235  Annual  settlement  with  chamberlain 

236  Special  school  elections 

237  Report  of  municipal  bonds 

238  Annual  report  of  the  board  of  education 

239  Common  council  to  pass  necessary  school  ordinances 

240  Right  to  vote  for  school  commissioner 

241  Fiscal  and  official  school  years 

Section  220  City  as  school  district.  The  city  of  Johnstown  shall  constitute 
a  union  free  school  district,  which  shall  be  known  as  "  the  union  free  school 
district  of  the  city  of  Johnstown." 

§  221  The  board  of  education;  corporate  powers.  All  public  schools  of 
the  city  of  Johnstown  shall  continue  to  be  under  the  management  and  control 
of  a  board  of  nine  members,  to  be  elected  as  hereinafter  provided,  who  shall 
constitute  and  be  known  by  the  name  of  "  the  board  of  education  of  the  city 
of  Johnstown,"  and  said  board  of  education  is  hereby  constituted  a  body  cor- 
porate, in  relation  to  all  the  powers  and  duties  conferred  upon  it  by  this  act 
or  by  any  general  law,  and  may  sue  and  be  sued  by  the  corporate  name  afore- 
said, and  shall  have  a  corporate  seal.  It  may  take  and  hold  for  the  use  of  said 
•schools  or  of  any  department  of  the  same,  any  real  estate  transferred  to  it  by 
gift,  grant,  bequest  or  devise  or  any  gift,  legacy  or  annuity  of  whatever  kind, 
given  or  bequeathed  to  said  board,  and  apply  the  same  or  the  interest  or  proceeds 
thereof  according  to  the  instructions  of  the  donor  or  testator. 

§  222  Succession  to  property  and  obligations.     The  title  to  all  real  estate 

[U81 


EDUCATION    CODE  149 

and  personal  property  formerly  belonging  to  the  union  free  school  district 
number  4,  of  the  town  of  Johnstown,  New  York,  and  to  common  school  district 
number  5,  of  the  town  of  Johnstown,  New  York,  and  heretofore  vested  in  the 
board  of  education  of  the  city  of  Johnstown,  shall  continue  to  be  vested  in  such 
board,  and  all  moneys  and  funds  belonging  to  each  of  said  districts  heretofore 
paid  over  and  delivered  to  the  chamberlain  of  said  city  shall  continue  to  be 
credited  by  him  to  the  school  fund  of  said  city.  All  the  rights,  powers,  privileges, 
contracts,  obligations  and  liabilities  of  said  union  free  school  district  number  4. 
and  the  said  school  district  number  5,  have  heretofore  been  transferred  to,  vested 
in  and  imposed  upon  said  board  of  education  of  the  city  of  Johnstown;  and 
the  rights  and  privileges  of  all  persons  that  may  have  arisen  or  accrued  prior 
to  May  9,  1895,  shall  remain  and  be  enforced  by  or  against  the  board  of  educa- 
tion of  the  city  ©f  Johnstown  and  its  successors,  iu  the  same  manner  and  with 
like  efifect  as  the  same  might  have  been  enforced  by  or  against  the  board  of 
education  of  union  free  school  district  number  4,  and  said  school  district 
number  5,  subject,  however,  to  the  provisions  of  tnis  act. 

§  22T,  Annual  election  of  school  officers.  The  annual  election  for  school 
ofificers  in  said  city  shall  be  held  on  the  first  Tuesday  of  August  in  each  year, 
and  there  shall  be  elected  each  year  at  such  election  three  members  of  the  board 
of  education  of  said  city  for  a  term  of  three  years  each,  and  other  members, 
to  fill  such  vacancies  as  may  have  occurred  during  the  preceding  year,  for  the 
unexpired  terms  of  those  members  whose  offices  may  have  become  vacant. 
The  board  of  education  shall  give  notice  of  each  annual  election  for  members 
of  said  board,  by  notice  signed  by  its  president  and  clerk ;  which  notice  shall 
be  published  in  the  official  newspapers  of  said  city  at  least  once  each  week  for 
two  successive  weeks  immediately  preceding  such  election ;  said  notice  shall 
designate  the  polling  places  at  which  such  annual  election  shall  be  held,  and  the 
wards  of  the  city  for  which  each  polling  place  shall  serve,  and  the  officers  to 
be  elected  thereat,  together  with  the  terms  for  which  they  are  to  serve  respectively. 
The  board  of  education  shall  designate  at  least  two  polling  places  for  each 
annual  election  in  said  city,  which  shall  not  be  in  the  same  ward,  and  shall 
not  be  held  in  any  school  building,  and  the  particular  wards  for  which  each 
polling  place  shall  serve.  The  inspectors  of  the  election  district  in  which  such 
election  shall  be  held,  shall  preside  and  conduct  such  annual  election  at  the 
places  designated  by  the  board.  The  clerk  of  the  board  of  education  shall  each 
year,  at  least  ten  days  before  the  date  of  such  annual  election,  notify  such  inspect- 
ors by  notice  mailed  to  each  of  them  in  the  post  ofiice  of  said  city,  of  every  such 
election  and  of  the  polling  places  designated  by  the  board;  said  elections  shall  be 
opened  at  each  polling  place  at  ten  o'clock  in  the  forenoon,  and  shall  be  kept  open 
without  intermission  or  adjournment  until  four  o'clock  in  the  afternoon,  when 
the  same  shall  be  closed,  and  the  inspectors  shall  forthwitii,  without  intermission 
or  adjournment,  canvass  all  votes  cast,  declare  and  make  a  statement  of  the 
result  and  shall  forthwith  file  such  statement  of  the  result  with  the  clerk  of 
the  board  of  education  of  said  city,  together  with  the  list  of  persons  so  voting 
or  ofifering  to  vote  at  said  election.     Every  inhabitant  of  said  city,  who  at  the 


150  THE    UNIVERSITY   OF    THE    STATE   OF    NEW    YORK 

time  and  place  of  offering  his  or  her  vote,  shall  be  qualified  to  vote  for  school 
officers  under  the  general  laws  of  this  State  relating  to  public  schools,  shall  be 
entitled  to  vote  at  such  elections,  but  no  such  inhabitant  shall  vote  at  any  polling 
place  except  that  designated  by  the  board  of  education,  for  the  ward  in  which  he 
or  she  shall  reside  at  the  time  of  offering  such  vote,  and  shall  have  so  resided 
for  at  least  thirty  days  immediately  prior  to  such  election.  On  the  day  following 
each  annual  school  election  in  said  city,  the  board  of  education  shall  convene 
at  seven  o'clock  in  the  afternoon  at  its  usual  place  of  meeting,  as  designated  by 
said  board,  and  all  the  statements  of  the  votes  cast  at  each  of  the  polling  places, 
designated  as  aforesaid,  shall  be  produced;  the  board  of  education  shall  forth- 
with declare  the  result  and  make  a  certificate  in  writing  of  all  those  who  were 
duly  elected,  and  file  the  same  with  the  clerk  of  said  board,  and  shall  immediately 
file  a  duplicate  thereof,  signed  by  the  president  and  clerk  in  the  office  of  the 
clerk  of  said  city.  The  clerk  of  the  board  shall  imediately  ^  notify,  by  mail, 
each  person  declared  elected  of  his  election.  The  persons  so  elected  shall,  before 
the  annual  meeting  of  the  board  of  education,  as  herein  provided,  take  the 
official  oath  required  by  section  19  of  this  act  and  file  the  same  in  the  office 
of  the  clerk  of  the  city. 

§  224  Annual  meeting  of  the  board  of  education.  The  annual  meeting  of 
the  board  of  education  shall  be  held,  at  a  place  to  be  designated  by  such  board, 
on  the  second  Tuesday  of  August  in  each  year,  at  half  past  seven  o'clock  in 
the  evening.  At  each  such  annual  meeting  the  board  of  education,  as  constituted 
for  the  preceding  year,  shall  be  dissolved,  and  the  board  of  education,  composed 
of  the  persons  elected  at  the  annual  school  election,  and  those  whose  terms  of 
office  shall  not  have  expired,  shall  then  be  organized  by  the  election  of  one  of 
their  number  as  president  of  the  board  and  some  suitable  person  as  clerk. 

§  225  Clerk  of  board  of  education.  The  board  of  education  shall  fix  the 
compensation  to  be  paid  to  the  clerk  of  the  board,  and  may  remove  him  at 
pleasure.  He  shall  keep  a  record  of  the  proceedings  of  the  board  and  perfonn 
such  other  duties  as  the  board  shall  prescribe. 

§  226  Meetings  of  the  board  of  education.  The  board  of  education  shall 
hold  regular  meetings  at  least  once  in  each  month  at  such  time  and  place  as  the 
board  shall  designate.  The  president  of  the  board  or  any  three  members  may 
call  a  special  meeting  of  the  board  by  causing  a  written  notice  thereof  specify- 
ing the  objects  of  the  meeting  to  be  served  by  the  clerk  upon  each  member  of 
the  board,  not  joining  in  such  notice,  personally,  or  by  mail,  directed  to  his 
place  of  residence  or  place  of  business,  at  least  twenty-four  hours  before  the 
time  of  such  meeting.  Afl  the  meetings  of  the  board  of  education  shall  be  public, 
except  when  the  public  interest  shall  require  secrecy ;  but  no  vote  shall  be  taken 
in  secret  or  executive  session. 

§  227  Rules;  quorum;  voting.  The  board  of  education  may  adopt  rules  for 
its  own  government,  and  for  the  regulation  and  exercise  of  its  lawful  business 
and  powers.     It  shall  be  the  judge  of  the  election  and  qualification  of  its  own 

'  .So  in  the  original. 


EDUCATION    CODE  15 1 

members.  A  majority  of  the  members  of  the  board  shall  constitute  a  quorum 
for  the  transaction  of  business.  A  majority  of  the  members  present  and  voting 
at  any  meeting  of  the  board  at  which  a  quorum  shall  be  present  shall  be 
sufficient  to  pass  any  resolution,  except  that  no  resolution  authorizing  or  involving 
the  expenditure  of  money  or  collection  of  money  by  a  tax  or  assessment  shall 
pass  unless  it  receive  the  assent  of  a  majority  of  all  the  members  in  office,  and 
except  as  otherwise  provided  by  this  act.  At  all  meetings  of  the  board  each 
member  shall  have  one  vote.  The  ayes  and  noes  shall  be  called  and  recorded 
on  all  resolutions. 

§  228  Vacancies  in  board  of  education.  Any  vacancy  in  the  board  of  educa- 
tion occurring  otherwise  than  by  expiration  of  term  shall  be  filled  by  appoint- 
ment by  such  board.  If  such  vacancy  occurs  in  the  official  school  year  prior 
to  the  time  for  publishing  the  notice  of  the  annual  school  election,  the  person 
appointed  to  fill  such  vacancy  shall  hold  office  until  the  end  of  the  official  school 
year  in  which  such  vacanc}^  occurs.  If  the  vacancy  occurs  in  the  official  school 
year  subsequent  to  the  time  for  publishing  the  notice  of  the  annual  school  election, 
and  the  term  of  office  of  the  member  vacating  his  office  extends  beyond  the  end 
of  the  current  official  school  year,  the  person  appointed  to  fill  such  vacancy  shall 
hold  office  until  the  end  of  the  next  official  school  year.  If  the  term  of  office  of 
the  member  vacating  his  office  continues  beyond  the  official  school  year  in  which 
such  vacancy  occurs,  and  such  vacancy  occurs  prior  to  the  time  for  publishing 
the  notice  of  the  annual  school  election,  a  person  shall  be  elected  at  the  next 
annual  school  election  after  the  occurring  of  such  vacancy  to  fill  such  vacancy  for 
the  remainder  of  the  unexpired  term. 

§  229  General  powers  and  duties  of  the  board  of  education.  The  board  of 
education  of  the  city  of  Johnstown,  subject  to  the  provisions  of  this  act,  shall 
have  power  and  it  shall  be  their  duty : 

1  To  establish,  organize  and  maintain  such  and  so  many  schools  in  said  city, 
including  the  common  schools  and  high  schools  now  existing  therein,  as  said 
board  shall  deem  requisite  and  expedient,  and  to  alter  or  discontinue  the  same, 
in  their  discretion. 

2  To  purchase  or  hire,  sell  or  dispose  of  schoolhouses,  lots  or  sites,  as  they  may 
deem  advisable. 

3  To  erect,  alter,  improve  and  repair  schoolhouses  and  appurtenances  as  they 
may  deem  advisable. 

4  To  purchase,  sell,  exchange,  improve  and  repair  school  apparatus,  books, 
furniture  and  appendages  and  defray  the  necessary  expenses  thereof ;  provide 
fuel  for  the  schools ;  to  keep  buildings  and  school  property  insured  in  such  amounts 
as  they  may  deem  proper;  and  to  pay  the  necessary  premiums  therefor,  and  to 
pay  the  contingent  expenses  of  the  school  library. 

5  To  have  the  custody  and  safekeeping  of  school  property  belonging  to  said 
district  and  to  see  that  the  ordinances  of  the  common  council  in  relation  thereto 
are  observed. 

n  To  contract  with  and  employ  all  necessary  teachers  and  at  their  pleasure 


152  THE    UNIV'ERSITY    OF    THE    STATE    OF    NEW    YORK 

remove  them,  subject  to  the  provisions  of  law  and  the  rules  and   regulations 
established  by  the  Department  of  Public  Instruction  of  this  State. 

7  To  pay  the  wages  of  teachers  out  of  any  money  provided  or  apropriated  ^ 
by  law  for  that  purpose. 

8  To  employ  a  superintendent  of  instruction  for  said  city,  to  remove  him  at 
their  pleasure,  and  to  fix  and  pay  a  salary  out  of  any  money  provided  for  that 
purpose ;  and  said  superintendent  may  be  appointed  clerk  of  the  board  and 
librarian,  or  either,  in  the  discretion  of  the  board. 

9  To  pay  the  necessary  contingent  expenses  of  the  board  and  of  the  said 
district,  including  the  wages  of  clerk,  janitors  and  other  assistants  and  employees. 

10  To  license  teachers  employed  in  the  schools  of  said  city,  in  the  same  manner 
and  with  like  efifect  in  said  city,  as  school  commissioners  of  counties. 

11  To  take  and  appropriate  lands  and  other  real  property  within  said  city  for 
school  purposes,  where  the  owner  or  owners  of  them  shall  not  consent  to  sell  the 
same  for  such  purposes,  or  the  board  of  education  can  not  agree  with  such  owner 
or  owners  or  some  of  them  upon  the  price  or  value  thereof,  by  condemnation  pro- 
ceedings under  the  provisions  of  the  condemnation  law,  chapter  23  of  the  Code 
of  Civil  Procedure. 

12  To  have,  to  the  exclusion  of  all  boards  and  officers,  except  the  Superin- 
tendent of  Public  Instruction  of  this  State,  the  entire  supervision  and  manage- 
ment of  the  schools  in  said  city,  and  from  time  to  time  to  adopt,  modify  or  repeal, 
as  they  may  deem  expedient,  rules  and  regulations  for  their  reorganization, 
government  and  instruction,  for  the  reception  of  pupils  and  their  transfer  from 
one  schoolroom  or  house  to  another,  for  their  advancement,  from  class  to  class 
as  their  degree  of  scholarship  shall  warrant,  and  generally  for  the  promotion  of 
the  good  order  and  prosperity  of  said  schools. 

13  To  allow  the  children  of  persons  not  residents  within  the  city  to  attend 
any  of  the  schools  therein,  under  the  control  of  said  board,  upon  such  terms  and 
conditions  as  said  board  may  by  resolution  prescribe. 

14  Except  as  otherwise  provided  by  this  act,  to  exercise  all  the  powers  con- 
ferred upon  the  inhabitants  of  school  districts  at  school  district  meetings. 

15  Except  as  otherwise  provided  in  this  act,  to  exercise  all  the  powers  con- 
ferred, and  discharge  all  the  duties  imposed  by  the  general  laws  of  this  State, 
applicable  to  boards  of  education  in  cities. 

16  To  establish  and  maintain  a  library  and  provide  rooms  for  the  use  of  the 
same,  and  to  employ  a  librarian  to  have  the  care  of  the  books  and  other  publica- 
tions belonging  thereto,  and  to  exercise  the  same  discretion  as  to  the  disposition 
of  the  moneys  provided  by  law  for  the  purchase  of  libraries,  as  is  conferred  upon 
the  inhabitants  of  school  districts. 

17  To  transfer  to  the  city  of  Johnstown  real  property  held  by  them  which  has 
ceased  to  be  used  for  school  purposes. 

§  230  Records  of  board  as  evidence.  The  records  and  proceedings  of  said 
board,  or  a  transcript  thereof,  certified  by  its  ])resident  and  clerk,  shall  be  received 
in  all  courts  and  places  as  prima  facie  evidence  of  the  facts  therein  stated. 

*  So  in  the  original. 


EDUCATION    CODE 


^JO 


§  231  Determination  of  amount  of  annual  school  tax  levy.  On  or  before 
the  1st  day  of  Jul}',  in  each  year,  the  said  board  of  education  shall  prepare  a 
certificate  of  such  sums  of  money  as  it  may  deem  necessary  for  each  of  the 
following  purposes,  namely : 

1  For  wages  of  superintendent  and  teachers,  after  applying  all  the  public 
school  and  other  moneys  applicable  thereto. 

2  For  the  repair  of  schoolhouses,  outhouses,  and  grounds  with  their  apendages  ^ 
and  appurtances. 

3  For  the  purchase,  repair  or  improvement  of  school  apparatus,  books,  furni- 
ture and  fixtures. 

4  For  the  rent  of  schoolhouses  and  rooms  for  school  purposes. 

5  For  the  purchase,  maintenance  and  care  of  the  library. 

6  For  the  purchase  of  fuel  and  lights  and  to  pay  the  contingent  expenses  of 
the  district,  including  the  salaries  of  the  clerk,  librarian,  janitors  and  incidental 
expenses. 

Such  certificate  shall  be  presented  to  the  mayor  or  acting  mayor  of  said  city, 
and,  if  he  approves,  he  shall  sign  it  and  immediately  file  the  same  with  the  city 
clerk;  if  he  does  not  approve  any  item  therein,  he  shall,  within  five  days,  return 
the  same  to  the  president  or  clerk  of  said  board  of  education,  with  his  objections 
indorsed  thereon  or  annexed  thereto.  The  board  of  education  may  then  proceed 
to  reconsider  said  certificates,  and,  if  two-thirds  of  all  the  members  then  in  office 
agree  to  pass  the  same,  it  shall  take  effect  the  same  as  if  it  had  been  approved 
by  the  mayor,  and  it  shall  be  immediately  filed  with  the  city  clerk.  In  case 
two-thirds  of  said  members  do  not  agree  to  pass  the  same,  they  shall  thereupon 
present  another  certificate,  conforming,  as  nearly  as  may  be,  to  the  views  of  the 
mayor  as  expressed  in  his  objections,  and,  if  he  approves  it,  he  shall  sign  the 
same,  but  if  he  does  not  approve  any  item  thereof  he  shall,  within  twenty-four 
hours,  return  the  same  with  his  objections  as  before.  The  board  of  education 
shall  continue  to  present  certificates  as  aforesaid  until  the  mayor's  approval  is 
obtained,  or  until  two-thirds  of  its  members  agree  to  pass  the  same  over  his 
objections,  and  said  certificate  when  this^  approved  or  passed  shall  be  filed  w^th 
the  city  clerk.  Upon  the  filing  of  .said  certificate  so  approved  or  adopted  it  shall 
be  the  duty  of  the  common  council  of  said  city  to  raise,  by  tax  to  be  levied  upon 
all  the  real  and  personal  property  in  said  city  as  by  law  provided  for  the  levying 
of  State  and  county  charges,  such  sum  or  sums  as  said  board  of  education  shall 
so  certify.  For  this  purpose  the  common  council  shall  cause  to  be  prepared 
duplicate  copies  of  the  assessment  roll  filed  by  the  assessor  for  the  levying  of 
State  and  county  taxes  for  the  current  fiscal  year,  and  shall  cause  the  amount 
authorized  to  be  raised  for  school  purposes  as  aforesaid  to  be  rated  and  assessed 
upon  the  property  of  each  person,  company,  corporation  or  association  appearing 
on  said  assessment  rolls.  When  said  common  council  shall  have  completed  and 
approved  said  assessment  roll,  they  shall  attach  to  one  copy  thereof  a  warrant 
under  the  hands  and  seals  of  the  mayor  and  a  majority  of  the  aldermen  in  office. 


*  So  in  ihe  original. 


154  J^HE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

commanding  the  chamberlain  to  receive  and  collect  said  taxes  in  the  same  manner 
as  taxes  laid  by  said  city  for  State  and  county  purposes,  and  the  same  shall  be 
delivered  with  the  other  copy  roll  to  the  city  clerk.  The  city  clerk  shall  attach 
a  copy  warrant  to  the  other  copy  roll  and  a  receipt  for  the  chamberlain,  and  shall 
deliver  said  tax  roll  and  warrant  to  the  chamberlain  and  take  his  receipt  therefor. 
Said  tax,  when  collected,  shall  be  credited  by  the  chamberlain  to  the  various 
school  funds  as  designated  in  said  certificate. 

§  232  Fees  and  proceedings  of  chamberlain  in  collecting  school  taxes. 
Upon  receiving  said  roll  the  chamberlain  shall  give  notice  in  the  official  papers 
of  the  city,  of  the  receipt  by  him  of  such  assessment  roll  and  warrant,  and  that 
all  persons  named  therein  are  required  to  pay  their  taxes  at  his  office  within 
thirty  days  next  ensuing ;  within  said  thirty  days  such  taxes  may  be  paid  and 
shall  be  received  without  aditional  ^  charge,  for  fifteen  days  thereafter  two 
per  centum  fees  shall  be  collected  and  thereafter  five  per  centum  fees  shall  be 
collected.  If  any  such  tax  shall  remain  unpaid  at  the  expiration  of  said  thirty 
days,  the  chamberlain  shall  serve  notice  upon  every  person  from  whom  such  tax 
is  due  requiring  said  tax  to  be  paid  within  fifteen  days  thereafter,  which  notice 
shall  be  served  in  the  manner  and  with  the  like  effect  as  provided  in  section  96 
of  this  act  for  the  collection  of  State  and  county  taxes.  At  the  expiration  of  the 
time  mentioned  in  said  notice  it  shall  be  the  duty  of  the  chamberlain  to  proceed 
with  the  collection  of  the  school  taxes  then  remaining  unpaid  in  the  same  manner 
as  provided  in  section  97  of  this  act  for  the  collection  of  State  and  county  taxes, 
except  that  the  warrants  issued  by  him  shall  be  returnable  on  or  before  the  ist  day 
of  December.  All  other  proceedings  in  reference  to  the  collection  of  the  school 
taxes  of  said  city  shall  be  had  in  accordance  with  the  provisions  of  this  act  with 
reference  to  the  collection  of  State  and  county  taxes. 

§  233  Chamberlain  authorized  to  borrow  moneys  for  current  expenses. 
Whenever  any  such  sum  or  sums  to  be  raised  for  school  purposes  shall  have  been 
so  certified,  approved  and  filed  with  the  city  clerk,  the  city  chamberlain  shall  have 
authority  and  it  shall  be  his  duty  under  the  direction  of  said  board  to  borrow 
upon  the  faith  and  credit  of  said  city  so  much  of  the  amount  so  certified  as  may 
be  deemed  by  said  board  to  be  actually  necessary  to  meet  the  current  expenses 
of  said  district,  and  the  amount  so  borrowed  shall  be  repaid  from  the  moneys 
raised  by  said  annual  tax  levy.  Whenever  the  moneys  so  raised  for  school  pur- 
poses, or  any  particular  fund  thereof,  shall  be  exhausted,  it  shall  be  the  duty  of 
the  city  chamberlain  to  certify  such  fact  to  the  board  of  education,  and  the  board 
of  education  shall  thereupon  immediately  prepare  and  present  to  the  mayor  a 
certificate  of  such  sum  or  sums  of  money  as  will  be  required  until  the  next  annual 
tax  levy  as  above  provided ;  and  the  said  certificate,  after  approval  by  the  mayor 
or  adoption  by  the  board  in  the  manner  hereinbefore  provided,  shall  be  filed  with 
the  city  clerk,  and  the  city  chamberlain  shall  have  authority  to  borrow  upon  the 
faith  and  credit  of  the  city,  the  amount  so  certified,  and  to  place  the  same  to 
the  credit  of  the  school  moneys  of  said  board  of  education  or  the  particular  fund 

*  So  in  the  original. 


EDUCATION    CODE  155 

for  which  the  same  was  raised,  and  pay  the  same  out  to  meet  the  warrants  of 
the  board  of  education.  Any  amount  so  borrowed  shall  be  included  in  the  next 
annual  tax  levy  for  the  schools  of  said  city. 

§  234  School  funds  to  be  disbursed  upon  warrants  of  the  board  of  education. 
All  public  moneys  or  funds  belonging  to  or  appropriated  to  the  use  of  said  tlistrict 
shall  be  paid  to  the  chamberlain  of  the  city,  who  shall  keep  the  same  separate 
from  the  general  funds  of  the  city,  and  shall  credit  to  each  of  said  school  funds 
the  moneys  or  property  belonging  thereto.  The  board  of  education  shall  disburse 
all  the  funds  of  said  district  by  warrants  upon  the  chamberlain,  signed  by  the 
president  of  said  board  and  countersigned  by  the  clerk.  Said  warrants  shall  be 
numbered  consecutively  and  shall  specify  the  purpose  for  which  they  are  drawn, 
the  person  to  whom  payable  and  the  particular  school  fund  to  which  they  are 
chargeable.  The  clerk  shall  keep  a  record  of  every  such  warrant.  Upon  request 
from  said  board  the  chamberlain  shall  certify  from  time  to  time  the  various 
balances  remaining  to  the  credit  of  any  or  all  of  said  funds.  All  accounts  and 
claims  against  said  school  district  or  the  board  of  education  of  whatever  nature 
shall  be  presented  to  said  board  for  audit.  It  shall  be  the  duty  of  said  board  of 
education  to  inquire  and  examine  into  said  claims  and  accounts,  and  they  may 
take  proofs  on  oath  in  relation  thereto  and  audit  the  same.  The  board  may  pre- 
scribe the  form  of  affidavit  to  be  sworn  to  and  annexed  to  all  bills  and  claims 
against  said  district  or  board. 

§  235  Annual  settlement  with  chamberlain.  The  board  of  education  shall 
annually  in  the  month  of  December  in  each  year  examine  the  accounts  of  the 
city  chamberlain  with  reference  to  the  school  funds  and  certify  their  correctness, 
if  found  to  be  correct,  and  report  the  result  of  their  examination  to  the  common 
council.  At  the  expiration  of  the  term  of  office  of  any  chamberlain  or  im- 
mediately prior  thereto,  said  board  shall  have  a  settlement  with  the  chamberlain 
for  all  school  funds  that  may  have  come  into  his  hands,  and  shall  certify  to  the 
common  council  all  funds  remaining  in  the  hands  of  said  chamberlain  or  due  from 
him  for  or  on  account  thereof  and  which  shall  be  delivered  to  his  successor  in 
office. 

§  236  Special  school  elections.  When  the  board  of  education  shall  deter- 
mine by  resolution  that  it  is  necessary  to  purchase  any  site,  erect  any  school  build- 
ing, or  enlarge  any  school  building  already  erected,  it  shall  specify  in  such  reso- 
lution the  ward  within  which  such  site  is  to  be  purchased,  or  building  erected  or 
enlarged,  and  the  particular  sum  required  for  each  separately.  They  shall  then 
call  a  special  school  election  in  said  city  in  the  same  manner  as  is  provided  in  this 
act  for  the  calling  of  special  elections  by  the  common  council.  Such  special 
school  elections  may  be  held  at  the  same  time  and  with  any  other  election  in  said 
city.  The  clerk  of  the  board  of  education  shall  notify  the  inspectors  of  the  hold- 
ing of  said  special  school  election  in  the  same  manner  and  within  the  same  time 
that  the  city  clerk  is  required  to  notify  them  in  cases  of  special  elections  called  by 
the  common  council.  The  inspectors  shall  thereupon  proceed  to  hold  such  elec- 
tion pursuant  to  such  resolution,  and  in  the  same  manner  as  in  holding  other 
special  elections  under  this  act,  and  the  qualifications  of  the  electors  thereat  shall 


156  THE    UNIVERSITY    OF   THE   STATE   OF    NEW    YORK 

be  determined  by  the  general  school  law  of  the  state  applicable  to  cities.  Whtn 
such  special  school  election  is  not  held  at  the  same  time  and  with  a  city  or  school 
election,  or  a  special  election  called  by  the  common  council  as  provided  in  this  act, 
the  board  of  education  shall  designate  the  polling  places  as  at  other  school  elec- 
tions and  such  special  school  election  shall  be  held  by  the  same  inspectors  as  under 
a  like  designation  for  an  annual  school  election  and  during  the  same  hours  and 
in  the  same  manner.  Each  elector  at  every  such  special  school  election  shall  vote 
only  at  the  polling  place  designated  for  the  ward  in  which  he  resides,  and  shall 
have  resided  for  the  thirty  days  immediately  prior  to  said  special  school  election. 
The  vote  shall  be  taken  by  ballot,  which  shall  be  indorsed  "  school  proposition," 
and  shall  be  deposited  in  a  separate  ballot  box  provided  therefor,  and  marked 
"  school  proposition."  The  board  of  education  shall  at  every  such  special  school 
election  provide  sufficient  printed  ballots  for  the  use  of  the  electors  thereat  upon 
which  shall  be  printed  the  several  items  or  objects  to  be  voted  for  thereat  with 
the  words  "  for  "  and  "  against  "  at  the  beginning  of  each  item.  Each  elector 
shall  indicate  his  vote  as  to  each  of  said  items  by  erasing  or  drawing  a  mark 
through  the  one  or  the  other  of  said  words.  The  inspector  shall  canvass  said 
votes  without  intermission  or  adjournment,  as  at  other  elections,  and  make  a 
statement  thereof  in  respect  to  each  item  voted  upon  and  immediately  file  the 
same  with  the  clerk  of  the  board  of  education.  Upon  the  day  following  such 
special  school  election  the  board  of  education  shall  convene  at  its  usual  place  of 
meeting  at  seven  o'clock  in  the  evening,  and  the  statement  from  each  polling  place 
shall  be  produced,  and  the  board  of  education  shall  forthwith  declare  and  make 
a  certificate  in  writing  of  the  result.  In  case  a  majority  of  the  votes  cast  be  in 
favor  of  any  of  said  propositions  the  chamberlain  shall  have  authority  under  the 
direction  of  the  board  of  education  to  borrow  upon  the  faith  and  credit  of  said 
city  the  aggregate  of  the  items  having  such  majority  or  any  part  thereof  at  any 
time  before  and  until  the  same  can  be  levied  and  collected  according  to  law.  The 
moneys  so  borrow^ed  shall  be  deposited  with  the  chamberlain.  Whenever  the 
board  of  education  shall  deem  it  inexpedient  to  raise  the  amount  so  voted  at  the 
next  annual  school  tax  levy,  they  shall  make  a  certificate  to  that  efifect  and  file  the 
same  in  the  office  of  the  city  clerk.  Such  certificate  shall  state  the  amount  to 
be  raised  and  included  in  the  next  annual  tax  levy  and  the  amount  to  be  bor- 
rowed as  hereinafter  provided.  And  upon  the  filing  of  such  certificate  the  said 
board  of  education  shall  have  power  to  borrow  upon  the  faith  and  credit  of  the 
city  so  much  of  the  sum  voted  as  is  not  to  be  included  in  the  next  annual  .school 
tax  levy  at  a  rate  of  interest  not  exceeding  five  per  centum  per  annum,  and  to 
issue  bonds  or  other  evidences  of  indebtedness  therefor,  payable  in  instalments 
in  not  more  than  thirty  years  from  the  date  thereof,  which  shall  be  a  charge  upon 
said  city  and  be  paid  at  maturity,  and  which  shall  not  be  sold  below  par.  Said 
bonds  or  other  evidences  of  indebtedness  shall  be  prepared  by  the  board  of  edu- 
cation, signed  by  the  president  and  clerk  thereof,  and  delivered  to  the  chamber- 
lain of  said  city,  who  shall  countersign  the  same  and  give  due  notice  of  the  time 
and  place  of  the  sale  of  such  bonds  by  publishing  such  notice  once  in  each  week 


ED L' CATION    CODE  157 

for  at  least  two  weeks  prior  thereto,  in  the  official  newspapers  of  said  city.  (As 
amended  by  L.  iqig,  ch.  660.) 

§  2^y  Report  of  municipal  bonds.  The  board  of  education  annually,  on  or 
before  the  ist  day  of  July  in  each  year,  shall  report  to  the  city  clerk  for  record 
therein  as  required  by  sections  9  and  10  of  the  general  municipal  law,  a  full  de- 
scription of  ihe  amount,  rate  of  interest,  class,  number,  date  of  issue,  pursuant  to 
what  law,  and  maturity  of  all  bonds  issued  by  the  board  of  education  or  any  of 
its  officers,  and  of  all  bonds  converted  from  coupon  into  registered  bonds.  When- 
ever any  of  such  bonds  are  paid  and  canceled  a  proper  certificate  of  the  facts 
shall  be  made  and  filed  for  record  with  the  city  clerk. 

§  238  Annual  report  of  the  board  of  education.  It  shall  be  the  duty  of  the 
board  of  education  on  or  before  the  15th  day  of  July  in  each  year  to  make  to  the 
common  council  and  file  with  the  city  clerk  a  detailed  report  of  the  manner  in 
which  it  shall  have  expended  the  moneys  provided  for  and  appropriated  to  school 
purposes  from  any  source  during  the  last  fiscal  year  of  said  board,  and  such  re- 
port shall  be  published  forthwith  by  said  board  of  education  in  the  official  news- 
papers of  said  city. 

§  239  Common  council  to  pass  necessary  school  ordinances.  The  common 
council  of  the  city  of  Johnstown  shall  have  the  power  and  it  shall  be  its  duty  to 
pass  such  ordinances  as  the  board  of  education  of  said  city  shall  report  as  neces- 
sary for  the  protection,  safekeeping,  care  and  preservation  of  the  school  build- 
ings and  other  property  of  said  district  and  to  impose  such  penalties  for  the  vio- 
lation of  the  same  as  it  shall  deem  proper. 

§  240  Right  to  vote  for  school  commissioner.  The  electors  of  the  city  of 
Johnstown  shall  have  the  same  right  as  is  now  possessed  by  the  electors  of  the 
several  towns  of  Fulton  county  to  vote  for  school  commissioner  for  the  county 
of  Fulton,  notwithstanding  any  provisions  of  this  act. 

§  241  Fiscal  and  official  school  years.  The  fiscal  year  of  said  board  of 
education  shall  commence  on  the  ist  day  of  July  in  each  year.  The  official  school 
year  shall  commence  on  the  second  Tuesday  in  August  in  each  year. 

ARTICLE   II 

§  10  City  officers.  The  elective  officers  of  the  city  shall  be  a  mayor,  a  re- 
corder, a  chamberlain,  an  assessor,  nine  members  of  the  board  of  education,  one 
alderman-at-large,  and  one  water  commissioner-at-large ;  and  two  aldermen,  one 
water  commissioner  and  one  supervisor  for  each  ward.  The  appointive  officers 
of  said  city  shall  be  a  city  clerk,  a  superintendent  of  streets,  a  superintendent  of 
water  works,  a  city  attorney,  a  city  engineer,  a  city  physician  who  shall  also  be 
the  health  officer  of  the  city,  a  commissioner  of  charities,  a  city  board  of  health 
consisting  of  "six  members,  an  inspector  of  plumbing,  a  chief  engineer  of  the  fire 
department,  and  a  first  assistant  and  second  assistant  engineer  of  the  fire  depart- 
ment, a  chief  of  police  and  not  to  exceed  four  regular  uniformed  policemen,  and 
such  other  special  policemen  as  are  hereinafter  provided  for,  and  not  to  exceed 
ten  commissioners  of  deeds,  and  such  other  appointive  officers  as  may  be  author- 
ized by  general  laws. 


158  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

§  II  Manner  of  choosing  city  officers.  The  mayor,  recorder,  chamberlain, 
assessor,  members  of  the  board  of  education,  alderman-at-large  and  water  com- 
missioner-at-large  shall  be  elected  by  ballot  by  the  qualified  electors  of  the  city. 
The  aldermen  and  water  commissioner  and  supervisor  for  each  ward  shall  be 
elected  by  ballot  by  the  qualified  electors  thereof.  The  city  clerk  shall  be  ap- 
pointed by  the  common  council  and  the  board  of  water  commissioners  in  joint 
session.  The  superintendent  of  streets  shall  be  appointed  by  the  common  council. 
The  superintendent  of  water  works  shall  be  appointed  by  the  board  of  water  com- 
missioners. The  city  attorney,  the  city  engineer,  and  the  city  physician  shall  each 
be  appointed  by  the  mayor  subject  to  the  confirmation  of  the  common  council. 
The  commissioner  of  charities  shall  be  appointed  by  the  mayor.  The  members 
of  the  board  of  health  shall  be  appointed  by  the  common  council  upon  the  nomi- 
nation of  the  mayor  in  the  manner  and  for  the  terms  prescribed  by  article  three  of 
the  public  health  law.  The  chief  engineer  of  the  fire  department,  the  first  assistant 
and  the  second  assistant  engineer  of  the  fire  department,  the  chief  of  police,  po- 
licemen and  special  policemen  shall  be  appointed  as  hereinafter  provided.  The 
commissioners  of  deeds  shall  be  appointed  by  the  common  council  from  time  to 
time  as  may  be  deemed  necessary.  Appointments  for  a  full  term,  in  any  official 
year  in  which  appointments  are  to  be  made  for  such  term,  shall  be  made  as  fol- 
lows: if  by  the  mayor,  at  the  first  meeting  of  the  common  council  in  such  year; 
if  by  the  common  council,  at  its  first  meeting  in  such  year ;  if  by  the  mayor  with 
the  confirmation  of  the  common  council,  at  such  first  meeting  or  at  a  time  not 
later  than  the  14th  day  of  January  to  which  such  meeting  shall  have  been  ad- 
journed; if  by  the  common  council  and  the  board  of  water  commissioners  acting 
jointly,  the  appointment  shall  be  made  at  a  joint  session  of  such  bodies  to  be  held 
on  the  I  St  day  of  January  in  such  official  year  or,  in  case  such  day  falls  on  Sun- 
day, on  the  next  day  thereafter.  The  inspector  of  plumbing  shall  be  appointed 
by  the  board  of  health  of  the  city  on  or  before  the  15th  day  of  January.  Except 
as  otherwise  provided  in  this  act  no  appointment  for  a  full  term  shall  be  made 
at  a  time  other  than  as  above  prescribed.  Appointments  to  fill  vacancies  shall  be 
made  as  provided  in  section  23  of  this  act.  {As  amended  by  L.  i()io,  ch.  660.) 
§  12  Terms  of  office.  The  term  of  office  of  the  mayor,  recorder,  chamber- 
lain, assessor,  aldermen  and  alderman-at-large,  water  commissioners  and  water 
commissioner-at-large,  supervisors,  chief  engineer  of  the  fire  department,  and 
commissioners  of  deeds  shall  be  two  years.  The  term  of  office  of  the  members 
of  the  board  of  education  shall  be  three  years.  The  term  of  office  of  the  city 
clerk,  city  attorney,  city  engineer  and  of  the  city  physician  and  health  officer  shall 
be  one  year  until  January  15,  191 2,  and  on  and  after  that  date  shall  be  two  years. 
The  term  of  office  of  the  superintendent  of  streets,  superintendent  of  waterworks, 
the  first  assistant  engineer  and  second  assistant  engineer  of  the  fire  department 
shall  be  one  year.  The  commissioner  of  charities,  the  chief  of  police  and  each 
of  the  four  regular  uniformed  policemen  shall  serve  for  a  term  which  shall  ex- 
pire with  the  expiration  of  the  term  of  office  of  the  mayor.  {As  amended  by  L. 
iQio,  ch.  660.) 


EDUCATION    CODE  1 59 

§  13  Commencement  and  expiration  of  terms  of  office.  The  term  of  office 
of  each  elective  officer  shall  commence  with  the  ist  day  of  January  succeeding 
his  election.  The  term  of  office  of  each  appointive  officer,  except  the  commis- 
sioner of  charities,  the  chief  of  police,  and  each  of  the  four  regular  uniformed 
policemen,  shall  commence  with  the  15th  day  of  January  of  the  official  year  in 
which  the  appointment  is  required  to  be  made.  The  term  of  office  of  the  com- 
missioner of  charities,  of  the  chief  of  police,  and  of  each  of  the  four  regular 
uniformed  policemen  shall  commence  on  the  first  day  of  January  of  such  year. 
Each  city  officer  shall  hold  over  after  the  expiration  of  his  term  and  until  his 
successor  is  chosen  and  has  qualified.  The  term  of  office  of  the  supervisors 
shall  commence  and  expire  'at  the  same  time  as  the  terms  of  supervisors  of  the 
towns  of  the  county  of  Fulton.     (As  amended  by  L.  19 10,  ch.  660.) 

§  14  Eligibility.  No  person  shall  be  eligible  to  a  city  office  unless  at  the 
time  of  his  election  or  appointment  he  is  a  resident  elector  of  the  city,  except 
that  the  city  engineer  need  not  reside  therein;  and  if  elected  by  a  ward  of  said 
city,  unless  at  the  time  of  his  election  he  is  also  a  resident  of  the  ward  for  which 
he  shall  be  elected.  If  a  city  officer  shall  cease  to  be  a  resident  of  the  city  his  office 
shall  thereupon  become  vacant.  If  a  city  officer  elected  by  a  ward  of  the  city  shall 
cease  to  be  a  resident  of  such  ward,  his  office  shall  thereupon  become  vacant.  A 
recorder  hereafter  elected  shall  at  the  time  of  his  election  have  been  admitted  to 
practice  in  this  State  as  an  attorney  at  law  for  a  period  of  three  years.  No 
person  shall  at  the  same  time  hold  more  than  one  office  under  this  act  except 
as  otherwise  provided  therein.  But  a  commissioner  of  deeds  may  also  hold 
any  other  city  office,  and  one  of  the  supervisors  of  the  city  may  be  appointed  as 
commissioner  of  charities. 

§  15  City  elections.  A  general  city  election  shall  be  held  annually  on  the 
Tuesday  next  succeeding  the  first  Monday  in  November  at  the  time  and  at  the 
places  fixed  for  holding  the  general  election.  There  shall  be  elected 
at  each  general  city  election  successors  to  all  elective  city  and  ward 
officers  whose  terms  will  expire  before  the  date  of  the  next  general  election,  and 
vacancies  in  elective  offices  shall  be  filled  at  such  election  as  hereinafter  authorized. 
Such  election  shall  be  conducted,  and  the  votes  cast  thereat  canvassed  by  the  in- 
spectors^ and  the  returns  thereof  made,  in  the  manner  provided  by  the  election 
law.  Except  as  hereinafter  otherwise  provided,  the  election  law  shall  apply  to 
and  govern  all  elections  in  said  city. 

§  16  Canvass  of  votes  by  common  council.  The  common  council  shall  meet 
as  a  board  of  city  canvassers  on  the  next  Monday  after  each  annual  city  election. 
The  city  clerk  shall  present  to  the  common  council  at  such  meeting  the  certified 
statements  of  the  results  of  such  election  in  the  several  election  districts  of  the 
city,  as  delivered  to  him  by  the  inspectors  of  election.  The  common  council  shall 
canvass  such  certified  statements  and  determine  and  declare  the  whole  number 
of  votes  cast  for  all  the  candidates  for  each  office  to  be  filled  at  such  election,  the 
number  of  votes  cast  for  each  such  candidate,  and  what  person  was  elected 
thereto.  The  persons  having  the  greatest  number  of  votes  for  the  respective 
offices  to  be  filled  by  the  whole  city,  and  those  having  the  greatest  number  of 


l6o  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

votes  for  the  offices  to  be  filled  by  the  several  wards  shall  be  declared  duly  elected, 
and  the  common  council  shall  thereupon  make  duplicate  certificates  in  writing 
of  all  those  who  were  duly  elected  at  said  election,  to  the  various  offices  voted 
for  at  said  election,  one  of  which  certificates  shall  be  filed  with  the  city  clerk 
and  the  other  with  the  clerk  of  Fulton  county.  Such  canvass  shall  be  made 
so  far  as  practicable  in  the  same  manner  as  a  canvass  by  a  county  board  of  can- 
vassers, and  the  provisions  of  the  election  law  relating  to  a  canvass  by  a  county 
board  of  canvassers  shall  apply  to  a  canvass  by  the  common  council. 

§  1/  Certificates  of  appointment.  All  appointments  to  city  offices  made  as 
prescribed  in  this  act  shall  be  evidenced  by  a  certificate  in  writing,  signed  by 
the  appointing  officer,  and  filed  forthwith  in  the  office  of  the  city  clerk.  If  an 
appointment  be  made  by  the  common  council,  the  board  of  water  commissioners, 
or  the  common  council  and  the  board  of  water  commissioners  acting  jointly, 
such  certificate  shall  be  signed  by  the  officer  presiding  at  the  time  the  appoint- 
ment was  made,  and  attested  by  the  city  clerk. 

§  1 8  Notice  to  persons  elected  or  appointed.  The  city  clerk  shall  give 
notice,  in  writing,  to  every  person  elected  or  appointed  to  any  office  under  this 
act  of  his  election  or  appointment,  within  twenty-four  hours  after  the  certificate 
of  his  election  or  appointment  has  been  filed  in  his  office,  which  notice  shall  be 
served  personally  or  by  leaving  it  at  the  residence  of  such  person. 

§  19  Official  oaths.  Every  city  officer  shall,  before  he  enters  upon  the  duties 
of  his  office,  take  and  file  his  official  oath  in  accordance  with  article  13  of  the 
constitution  and  section  10  of  the  'public  officers  law,  and  for  an  omission  so  to 
do,  he  shall  be  subject  to  the  liabilities  and  penalties  prescribed  by  section  1820 
of  the  penal  law,  and  sections  13,  15  and  30  of  the  public  officers  law.  The 
mayor,  city  clerk,  recorder  and  each  commissioner  of  deeds  shall  before  he  is 
qualified  to  administer  oaths  and  take  and  certify  affidavits  and  acknowledg- 
ments, take  and  subscribe  the  constitutional  oath  of  office  before  the  clerk  of 
the  county  of  Fulton.     (As  amended  by  L.  ipio,  ch.  660.) 

§  20  Official  bonds.  The  city  clerk,  city  engineer,  commissioner  of  charities, 
recorder,  chief  of  police,  and  each  regular  uniformed  policeman,  shall,  before 
he  enters  upon  the  duties  of  his  office,  execute  and  file  an  official  bond  in  ac- 
cordance with  sections  11,  12  and  13  of  the  public  officers  law;  and  for  an 
omission  so  to  do  he  shall  be  subject  to  the  penalties  and  liabilities  prescribed 
by  section  1820  of  the  penal  law,  and  sections  13,  15  and  30  of  the  public  officers 
law.  Except  as  herein  otherwise  provided,  the  penal  sum  named  in  any  such 
bond,  or  the  sum  specified  in  any  such  undertaking  as  the  maximum  amount  of 
liability  thereon  shall  be  fixed  by  the  common  council.  (As  amended  by  L. 
ipio,  ch.  660.) 

§  21  Compensation  of  city  officers.  The  annual  salary  of  the  recorder  shall 
be  eight  hundred  dollars ;  of  the  chamberlain,  one  thousand  dollars,  which  shall 
include  all  expenses  incurred  by  him  for  clerk  hire  or  clerical  assistance;  of  the 
city  clerk,  eight  hundred  dollars ;  of  the  city  attorney,  eight  hundred  dollars ;  of 
the  city  engineer,  eight  hundred  dollars ;  of  the  commissioner  of  charities,  two 
hundred  and  forty  dollars ;  of  the  superintendent  of  streets,  eight  hundred  dol- 


EDUCATION    CODE  l6l 

lars ;  of  the  superintendent  of  water  works,  eight  hundred  dollars ;  of  the  city 
physician,  two  hundred  dollars  for  his  services  as  city  physician,  and  one  hundred 
dollars  for  his  services  as  health  officer.  The  assessor  shall  be  entitled  to  com- 
pensation at  the  rate  of  three  dollars  per  day.  while  actually  engaged  in  the  per- 
formance of  his  duties,  but  not  exceeding  a  total  compensation  of  four  hundred  . 
and  fifty  dollars  for  his  services  in  any  one  year.  The  supervisor  of  each  ward 
shall  be  entitled  to  the  same  compensation  for  his  services  as  the  supervisor  of 
a  town  is  entitled  to  receive  for  like  services.  The  inspectors  of  election  shall 
receive  the  compensation  provided  by  law,  or  such  compensation  as  the  common 
council  may  fix,  not  exceeding,  however,  the  compensation  fixed  by  general  laws. 
Xo  other  city  officer  shall  be  entitled  to  receive  from  said  city  any  compensation 
for  his  services  unless  otherwise  provided  by  a  general  law  or  by  this  act.  For 
the  purpose  of  computing  the  compensation  to  which  each  officer  is  entitled  his 
term  of  office  shall  be  deemed  to  be  the  term  of  his  actual  service  therein.  The 
annual  salaries  as  fixed  by  this  section  shall  be  payable  in  monthly  instalments. 
Five  hundred  dollars  of  the  salary  of  the  chamberlain  shall  be  paid  by  the  com- 
mon council  from  the  contingent  fund,  three  hundred  dollars  "thereof  by  the 
board  of  water  commissioners  from  the  water  fund,  and  two  hundred  dollars 
thereof  by  the  board  of  education  from  the  school  fund.  One-half  of  the  salary 
of  the  city  clerk  shall  be  paid  by  the  common  council  from  the  contingent  fund, 
and  one-half  shall  be  paid  by  the  board  of  water  commissioners.  The  salary  of 
the  city  physician,  both  as  city  physician  and  health  officer,  and  the  salary  of 
the  commissioner  of  charities  shall  be  paid  from  the  poor  fund.  (As  amended 
by  L.  IQOJ.  ch.  ^j2 ;  L.  iQio,  ch.  66i.) 

§  22  Fees  and  perquisites.  No  city  officer,  except  commissioners  of  deeds 
and  city  officers  acting  as  commissioners  of  deeds,  shall  have  or  receive  to  his  own 
use  any  perquisites,  compensation  or  fees  for  services  pertaining  directly  or 
indirectly,  or  which  may  hereafter  be  added,  to  the  duties  of  his  office,  in  addi- 
tion to  his  salary  or  compensation,  unless  otherwise  provided  in  this  act ;  but  any 
perquisite,  compensation  or  fee  legally  chargeable  for  services  performed  by  any 
such  city  officer  shall  be  collected  by  him  and  paid  into  the  city  treasury  to  the 
credit  of  the  contingent  fund. 

§  2^  Vacancies.  Except  as  otherwise  provided  in  this  act,  if  a  vacancy  shall 
occur  otherwise  than  by  expiration  of  term  in  an  elective  city  office,  the  common 
council  shall  fill  such  vacancy.  If  a  vacancy  occurs  in  an  elective  office  prior  to 
the  time  within  which  nominations  for  a  general  city  election  must  be  filed,  the 
person  appointed  to  fill  such  vacancy  shall  hold  office  until  the  end  of  the  official 
year  in  which  such  vacancy  occurs.  If  a  vacancy  in  an  elective  office  occurs 
subsequent  to  the  time  within  which  nominations  for  a  city  office  must  be  filed, 
the  person  appointed  to  fill  such  vacancy  shall  hold  office  until  the  end  of  the 
next  official  year,  if  the  term  of  office  of  the  officer  vacating  his  office  extends 
through  such  year.  If  the  term  of  office  of  the  officers  vacating  his  office  con- 
tinues beyond  the  official  year  in  which  said  vacancy  occurs  and  said  vacancy 
occurs  prior  to  the  time  within  which  nominations  for  a  city  office  must  be  filed, 
a  person  shall  be  elected  at  the  next  annual  city  election  after  the  occurring  of 
6 


l62  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

such  vacancy  to  fill  such  vacancy  for  the  remainder  of  the  unexpired  term.  A 
vacancy  occuring  in  any  appointive  office  of  the  city,  otherwise  than  by  expira- 
tion of  term,  shall  be  filled  for  the  balance  of  the  unexpired  term  by  the  same 
authorities  and  in  the  same  manner  as  an  appointment  for  a  full  term. 

§  25  Officers  not  to  be  interested  in  contracts  or  purchases.  The  mayor, 
or  any  member  of  the  common  council,  board  of  water  commissioners,  board  of 
education  or  board  of  health,  or  any  superintendent,  clerk,  agent  or  employee 
of  said  city,  or  of  any  such  boards,  shall  not  be  voluntarily  intereste'd,  directly  or 
indirectly,  beyond  the  compensation  which  he  may  be  justly  entitled  to  for  serv- 
ices by  him  actually  rendered  as  such  officer,  agent  or  employee,  in  any  contract 
or  work  made  or  done  by,  for  or  on  behalf  of  said  city,  or  any  municipal  board 
therein ;  nor  shall  any  such  person  be  voluntarily  interested,  directly  or  indirectly, 
in  the  purchase  or  sale  of  any  merchandise,  material,  substance  or  supplies  for 
any  of  the  uses  or  purposes  of  said  city,  nor  shall  any  such  person  receive  there- 
from or  thereon,  or  in  consideration,  or  in  consequence  thereof,  any  commis- 
sions, divisions,  discounts,  gift  or  moiety.  The  municipal  board  of  said  city  shall 
not  audit  any  account,  or  issue  any  warrant,  for  the  payment  of  any  claim  for 
services  rendered  or  for  work,  labor,  or  materials  furnished  by  any  person  dur- 
ing the  time  such  person  shall  have  held  the  office  of  mayor,  alderman,  or  member 
of  a  municipal  board  of  said  city.  A  violation  of  any  of  the  provisions  of  this 
section  is  a  misdemeanor. 

§  26  Delivery  of  property,  books  and  papers  to  successor.  Each  city  officer 
shall  upon  the  expiration  of  his  term  deliver  to  his  successor  in  office  all  prop- 
erty, papers  and  effects  of  every  description  in  his  possession  or  under  his  con- 
trol belonging  to  the  city,  and  appertaining  to  such  office.  If  he  shall  fail  to  do 
so  within  five  days  after  notification  and  request  by  his  successor,  he  shall  be 
liable  to  a  penalty  of  one  hundred  dollars,  to  be  recovered  by  the  city  in  a  civil 
action  together  with  all  damages  caused  by  his  neglect  or  refusal,  and  he  may 
also  be  proceeded  against  as  provided  by  section  1836  of  the  penal  law.  (As 
amended  by  L.  ipio,  ch.  660.) 


KINGSTON 

Chapter  494,  Laws  of  1902 

An  act  to  amend  chapter  747  of  the  Laws  of  1896,  entitled  "An  act  to  revise 
and  consohdate  the  several  acts  in  relation  to  the  city  of  Kingston,  to  revise  the 
charter  of  said  city  and  to  establish  a  city  court  therein  and  define  its  jurisdic- 
tion and  powers,"  and  to  establish  a  system  of  schools  in  said  city. 

Section  i  Chapter  747  of  the  Laws  of  1896,  entitled  "An  act  to  revise  and 
consolidate  the  several  acts  in  relation  to  the  city  of  Kingston,  to  revise  the  char- 
ter of  said  city,  and  to  establish  a  city  court  therein  and  define  its  jurisdiction 
and  powers,"  is  hereby  amended  by  the  addition  thereto  of  a  new  title  to  be 
known  as  title  fifteen,  to  read  as  follows : 

TITLE  XV 

SCHOOl.S' 

Section  161  All  the  territory  included  within  the  boundaries  of  the  city  of 
Kingston  shall  hereafter  constitute  a  separate  school  district  within  this  State 
and  shall  be  designated  as  "  the  school  district  of  the  city  of  Kingston."  It 
may  bear  such  other  additional  designation  as  the  Superintendent  of  Public  In- 
struction of  this  State  may  by  law  prescribe.  Such  district  shall  be  entitled  to 
all  the  rights,  powers,  privileges,  public  moneys  and  other  benefits  conferred  by 
law  or  other  State  authority  upon  school  districts  and  shall  be  subject  to  all  the 
rules,  regulations,  powers  of  inspection  and  superintendence  prescribed  by  law 
applicable  to  school  districts,  except  as  otherwise  hereinafter  provided. 

§  162  The  following  named  persons  shall  constitute  the  first  board  of  educa- 
tion for  the  city  of  Kingston,  each  of  whom  shall  hold  office  for  the  period  of 
time  designated  herein,  namely:  Bernard  Loughran  to  serve  until  the  second 
Monday  of  January,  1903 ;  W.  Scott  Gillespie,  Conrad  Hiltebrant,  until  the  sec- 
ond Monday  of  January,  1904;  Isaac  N.  Weiner,  Henry  R.  Brigham,  until  the 
second  Monday  of  January,  1905;  Henry  C.  Connelly.  Waker  C.  Dolson,  until 
the  second  Monday  of  January,  1906;  DuBois  G.  Atkins,  Walter  N.  Gill,  until 
the  second  Monday  of  January,  1907.  The  board  of  education  as  at  present 
constituted  is  hereby  continued  and  the  present  members  of  the  board  of  educa- 
tion shall  hold  office  until  the  expiration  of  their  respective  terms.  Successors 
to  the  said  members  of  the  board  of  education  now  in  office  shall  be  appointed 
by  the  mayor  on  the  first  day  of  December  next  preceding  the  expiration  of 
their  respective  terms.  Such  appointment  to  be  for  a  term  of  five  years  to  begin 
on  the  second  Monday  in  January  next  following  such  appointment.  The  said 
trustees  shall  meet  at  the  common  council  chamber,  in  said  city,  at  eight  o'clock 


'  Sections  14,  15  and  16  provide  for  a  board  of  education  of  nine  members  to  be  appointed 
hy   the   mayor. 

[163] 


164  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

in  the  evening  of  the  first  Tuesday  following  the  day  when  this  act  takes  effect, 
and  sliall  organize  as  a  board,  and  shall  provide  and  appoint  a  place  for  its  fur- 
ther meetings.  Thereafter  said  board  of  education  shall  hold  their  annual  meet- 
ing on  the  second  Monday  in  January  of  each  year,  for  the  election  of  officers. 
They  shall  select  by  ballot  from  their  number,  a  president  and  vice  president; 
they  shall  appoint  a  suitable  person,  not  a  member  of  said  board,  clerk  of  the 
board  of  education.  He  shall  also  act  as  superintendent  of  schools  of  the  city 
and  perform  the  duties  of  supervision,  and  shall  perform  all  such  other  duties 
as  the  board  shall,  from  time  to  time,  direct,  and  shall  be  allowed  such  compen- 
sation as  the  said  board  may  determine.  He  shall  also  examine  and  license,  under 
the  statute  and  the  rules  and  regulations  established  by  the  State  Superintendent 
of  Public  Instruction,  teachers  employed  in  the  public  schools  in  said  city.  The 
said  president  and  vice  president  shall  hold  their  office  for  one  year  and  until 
their  successors  shall  have  been  duly  appointed.  The  said  clerk  shall  hold  his 
office  during  the  pleasure  of  the  board.  The  said  board  may  employ  a  secre- 
tary, and  such  clerical  assistance  as  it  shall  deem  proper,  who  shall  perform  such 
duties  as  the  board  may  determine.  The  corporation  counsel  shall  act  as  legal 
adviser  of  and  counsel  to  said  board.     (As  amended  by  L.  igii,  ch.  617.) 

§  163  The  officers  of  the  said  board  shall  be :  a  president,  a  vice  president,  a 
clerk  and  a  treasurer.  The  city  treasurer  shall  be  the  treasurer  of  said  board 
of  education.  The  said  meetings  of  said  board  shall  be  held  at  least  once  in 
each  month.  At  each  of  the  said  meetings  there  shall  be  appointed  one  or  more 
visiting  committees  whose  duty  it  shall  be  to  visit  every  school  in  the  city  at 
least  once,  and  to  report  upon  the  condition  and  work  of  the  schools  at  the  next 
meeting  of  the  board.  A  majority  of  trustees  in  office  shall  constitute  a  quorum 
of  the  board. 

§  164  In  case  any  vacancy  shall  occur  in  the  office  of  trustee  by  reason  of 
death,  resignation,  removal  from  the  city  or  refusal  to  qualify  or  serve,  or  from 
any  other  cause,  the  mayor  of  the  city  of  Kingston  shall  make  an  appointment 
to  fill  such  vacancy,  and  the  person  so  appointed  shall  hold  office  for  the  unex- 
pired term  of  the  person  to  supply  whose  place  he  shall  be  so  appointed.  {As 
amended  by  L.  igii,  ch.  611.) 

§  165  The  said  board  of  education  is  hereby  constituted  the  successor  of  the 
several  boards  of  education,  and  of  the  trustees  of  the  common  school  districts  in 
the  city  of  Kingston.  All  property  both  real  and  personal,  now  vested  in  and 
belonging  to  the  said  several  boards  of  education,  and  of  the  trustees  of  the 
said  several  school  districts  and  in  the  said  several  school  districts,  shall  pass 
to  and  become  vested  in  the  board  of  education,  created  by  this  act  and  there- 
upon the  terms  of  office  of  all  the  members  of  the  several  boards  of  education 
and  the  terms  of  office  of  all  the  trustees  of  the  said  school  districts  and  the 
various  district  officers  of  the  said  several  school  districts,  residing  in  the  city 
of  Kingston,  shall  cease  and  expire. 

§  166  A  trustee  duly  appointed  who  declares  that  he  will  not  accept  or  serve 
in  the  office  of  trustee,  or  who  refuses  or  neglects  to  attend  three  successive  stated 
meetings  of  the  board  without  rendering  a  good  and  valid  excuse  therefor  to  the 
board,  vacates  his  office  by  refusal  to  serve.     {As  amended  by  L.  ipii,  ch.  6iy.) 


EDUCATION    CODE  165 

§  167  The  trustees  of  the  several  school  districts  in  the  town  and  city  ol 
Kingston,  shall  make  out  and  deliver  to  the  board  of  education  hereby  created 
at  its  first  regular  monthly  meeting  after  the  organization  of  said  board  here- 
inbefore mentioned,  a  detailed  statement  of  their  several  districts  showing  all 
the  school  property,  both  personal  and  real,  in  their  several  school  districts, 
and  the  estimated  value  thereof,  the  number  of  schoolhouses  in  their  districts, 
the  size  thereof,  and  the  materials  of  which  the  same  are  built,  the  departments 
into  which  the  schools  are  divided  and  the  average  attendance  of  each  school 
and  department,  the  number  and  names  of  the  teachers  employed  in  each,  their 
rank  and  the  salaries  paid  to  each,  the  amount  of  money  in  the  hands  of  their 
collector  and  treasurer  and  of  any  other  school  officer,  the  balance  on  hand  on 
the  1st  day  of  August  last,  the  amount  of  money  ordered  to  be  raised  at  the 
last  annual  meeting  of  the  district,  and  the  purpose  for  which  it  was  appropri- 
ated, the  receipts  and  expenditures  of  the  said  trustees  since  the  ist  day  ol 
August  last,  the  amount  of  money  due  and  owing  to  the  district,  the  amount 
of  indebtedness  of  the  district,  and  such  other  facts  as  they  may  deem  neces- 
sary to  make  a  full  and  complete  statement  of  the  condition  of  the  schools  in 
their  several  districts. 

§  168  Neither  the  mayor  nor  any  member  of  the  common  council  shall  hold 
the  office  of  trustee  under  this  act. 

§  169  The  several  collectors  and  treasurers  and  other  school  officers  in  said 
town  and  city,  having  in  their  hands  any  school  moneys  belonging  to  their  re- 
spective districts,  shall  also  render  to  the  said  board  of  education,  at  its  first 
regular  monthly  meeting  after  the  organization  of  said  board,  a  full  and  com- 
plete statement  of  their  accounts  since  the  preceding  31st  day  of  July,  together 
with  their  vouchers,  which  statements  shall  be  verified  by  oath.  Such  accounts 
shall  be  audited  by  the  said  board  of  education,  and  on  such  auditing  the  said 
collectors  and  treasurers  and  other  school  officers,  shall,  upon  order  of  the  said 
board,  pay  over  to  the  treasurer  of  the  board  of  education  in  the  city  of  Kings- 
ton, the  sum  found  due  from  them,  and  upon  such  payment  being  made,  the 
said  board  of  education  shall  cancel  and  discharge  the  bonds  given  by  the  said 
officers  respectively. 

§  170  The  said  consolidated  district  shall  be  deemed  and  is  hereby  declared 
to  be  a  union  free  school  district,  under  the  laws  of  this  State  relating  to  public 
instruction.  All  provisions  of  law,  not  inconsistent  with  the  provisions  of  this 
act,  applicable  to  school  districts  whose  limits  correspond  with  any  incorpo- 
rated village  or  city  and  the  boards  of  education  therein,  and  the  corporate 
authority  of  such  cities  and  villages,  are  made  applicable  to  the  school  district 
hereby  consoHdated  and  established,  and  to  the  board  of  education  thereof,  and 
to  the  corporate  authorities  of  the  city  of  Kingston.  The  said  board  of  educa- 
tion shall,  from  time  to  time,  as  it  shall  deem  expedient  or  necessary,  make  ad- 
ditions, alterations  or  improvements  to,  or  in,  the  sites  or  structures  belonging  to 
the  said  district,  purchase  other  sites  or  structures,  erect  new  buildings,  purchase 
apparatus  and  fixtures  or  other  necessary  property  for  the  district  as  it  shall  de- 
termine. 


l66  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

§  171  The  said  board  of  education  shall,  on  or  before  the  ist  day  of  Octo- 
ber in  each  year,  make  to  the  mayor  and  common  council  of  the  city  of  Kingston 
an  annual  report  to  the  ist  day  of  August  next  preceding,  setting  forth  the 
number  of  children  of  each  school  under  its  charge,  a  statement  of  all  the  liabili- 
ties and  expenses  incurred,  with  all  the  disbursements  made  by  it  during  the 
preceding  year,  and  all  other  matters  of  interest  relating  to  the  schools.  The 
common  council  shall  cause  said  report  to  be  published. 

§  172  The  said  board  shall,  on  or  before  the  ist  day  of  July  in  each  year, 
determine  by  resolution  the  amount  of  money  to  be  raised,  which,  when  added  to 
the  money  annually  apportioned  to  the  said  schools  in  said  city  out  of  the  funds 
belonging  to  the  State,  will,  in  its  judgment,  be  necessary  to  support  all  the  schools 
under  its  superintendence  for  the  ensuing  current  year  of  said  board  beginning 
August  1st,  and  for  the  furtherance  of  any  of  the  powers  vested  in  it  by  law. 
The  said  resolution  shall  set  forth  in  a  detailed  statement  the  various  purposes  of 
anticipated  expenditure,  and  the  amount  necessary  for  each ;  and  a  copy  of  such 
resolution  shall  be  certified  by  the  president  and  clerk  of  said  board,  under  the  seal 
of  said  board,  and  delivered  to  the  mayor  and  council  of  said  city  on  or  before 
said  time.  The  common  council  shall. proceed  to  consider  such  estimate  on  or 
before  the  15th  day  of  July,  but  shall  not  reduce  the  amount  thereof  except  in 
case  of  an  apparent  error  therein,  or  in  case  such  total  estimate  shall  exceed  one 
per  centum  of  the  property  valuation  of  the  preceding  complete  assessment  roll 
liable  for  taxation  for  such  purposes.  If  the  common  council  and  the  mayor 
approve  such  estimate,  and  resolution,  the  same  shall  be  filed  with  the  city  clerk 
on  or  before  the  20th  day  of  July ;  if  the  mayor  or  the  common  council  reduces  or 
revises  such  estimate  as  aforesaid,  the  same,  with  the  changes,  objections  or  cor- 
rections of  the  mayor  or  common  council,  indorsed  thereon  or  annexed  thereto, 
shall  be  returned  to  the  president  or  clerk  of  the  board  of  education  within  two 
days  and  then  said  board  shall  proceed  to  reconsider  said  estimate  and  resolution, 
and  if  two-thirds  of  all  the  members  then  in  office  agree  to  sustain  the  estimate  as 
originally  made  and  certified,  it  shall  stand  as  if  it  had  been  approved  by  the 
mayor  and  common  council,  but  if  two-thirds  of  the  members  of  said  board  do 
not  agree  to  sustain  the  statement  as  made,  it  shall  be  modified  so  as  to  conform 
to  the  views  expressed  by  the  mayor  or  common  council  in  such  objections;  and 
the  same  shall  be  filed  with  the  city  clerk  on  or  before  the  20th  day  of  July,  with  a 
copy  of  all  resolutions  in  reference  thereto  certified  by  the  president  and  clerk  of 
the  board.  The  common  council  shall  annually  levy  and  collect  the  amount  so 
determined  as  aforesaid.  The  city  clerk,  under  the  direction  of  the  common  coun- 
cil, shall  extend  and  apportion  said  tax  on  the  assessment  roll  delivered  to  him 
as  provided  by  section  ;^2-a  of  this  act,  as  amoTig  the  owners  of  property  taxable 
for  such  purpose  on  said  roll  in  proportion  to  the  value  therein  stated,  and  said 
clerk  shall  make  a  duplicate  of  said  roll  with  the  taxes  so  extended,  and  certify 
such  copy  to  be  a  correct  duplicate  roll  of  school  taxes ;  and  any  expense  incurred 
in  connection  therewith  shall  be  paid  by  the  board  of  education ;  and  said  roll 
shall  be  delivered  to  the  treasurer  of  said  citv  with  a  warrant  annexed  under  the 


EDUCATION    CODE  167 

seal  of  the  city,  and  sig-ned  by  the  mayor  and  the  city  clerk,  on  or  before  the  ist 
day  of  August,  or  as  soon  thereafter  as  practicable,  commanding  said  treasurer  to 
receive,  levy  and  collect  the  several  sums  in  the  roll  specified  as  assessed  against 
the  persons  or  property  therein  mentioned  or  described,  with  such  percentage  of 
penalty,  interest  and  fees  as  is  in  this  act  provided.  Upon  the  delivery  to  the  city 
treasurer  of  said  school  tax  roll  and  warrant,  he  shall  publish  the  notice  required 
by  section  126  of  this  act,  and  comply  with  all  the  provisions  of  said  section, 
and  said  treasurer,  and  the  assessor  and  the  collector  of  unpaid  taxes  and  as- 
sessments and  the  city  clerk,  shall  comply  with  all  the  provisions  of  sections  126 
to  143,  inclusive,  of  this  act  in  reference  to  them  respectively;  and  all  of  the 
provisions  of  said  sections  shall  be  applicable  and  prevail  as  to  the  collection 
of  said  taxes  and  as  to  all  subsequent  actions  and  proceedings  in  reference 
thereto.  Whenever  the  aforementioned  assessments  are  valid,  and  the  col- 
lector is  unable  to  collect  the  full  amount  of  his  warrant,  the  common  council 
shall  supply  and  cause  to  be  transferred  from  the  general  fund  to  the  school 
fund  the  amount  uncollected ;  and  if  such  uncollected  taxes  shall  be  subse- 
quently collected  the  same  shall  be  deposited  to  the  credit  of  the  general  fund. 
(As  amended  by  L.  1915,  ch.  611.) 

§  173  The  city  treasurer  shall  keep  a  separate  account  of  all  school  moneys 
received  by  him,  whether  from  State  authorities,  local  taxation,  or  any  other 
S'ource,  and  shall  pay  out  the  same  only  upon  warrants  signed  by  the  president  and 
clerk  of  said  board  of  education.  Such  warrants  shall  be  drawn  only  by  the 
authority  of  the  board  of  education,  and  only  as  the  said  money  shall  be  actually 
needed  for  disbursement.  The  city  of  Kingston  shall  be  responsible  to  the  board 
of  education  for  the  faithful  performance  by  the  city  treasurer  of  the  duties  of 
the  treasurer  of  the  said  board  of  education.     {As  amended  by  L.  IQ13,  ch.  611.) 

§  174  The  said  board  shall  make  suitable  and  proper  provision  respecting 
security  to  be  given  by  the  officers  under  said  board  for  the  faithful  perform- 
ance of  their  respective  duties.  Any  interest  or  income  on  the  moneys  in  the 
hands  of  the  city  treasurer  to  the  credit  of  said  board  shall  go  to  the  credit  of 
said  board,  and  such  treasurer  shall  receive  no  compensation  other  than  his 
salary  as  city  treasurer.  He  shall  render  to  said  board  of  education  in  writing. 
and  as  often  as  it  shall  require,  statements,  reports  and  information  concerning 
the  moneys  and  funds  in  his  hands,  and  the  interest  and  income  thereon. 

§  175  On  or  before  the  15th  day  of  September  in  each  year  the  common  coun- 
cil shall  cause  to  be  paid  to  the  treasurer  of  said  board  of  education,  the  balance 
of  all  moneys  which  shall  have  been  levied  by  tax  in  said  city  in  the  current  year 
for  school  purposes.  The  words  "  current  year  "  as  used  in  this  section,  designate 
the  term  from  the  ist  day  of  August  in  any  year,  to  the  ist  day  of  August  in  the 
next  succeeding  year.     {As  amended  by  L.  1915,  ch.  611.) 

§  176  The  board  of  education  shall  provide  suitable  textbooks  for  indigent 
pupils,  and  accommodations  and  facilities  for  the  proper  instruction  of  the 
children  of  such  city,  and  shall  have  entire  and  exclusive  charge  and  control 
of  the  public  schools  of  the  city  of  Kingston,  subject  to  the  powers  of  super- 
vision, and  direction  vested  in  the  State  Superintendent  of  Public   Instruction. 


1 68  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

The  board  of  education  may  provide  suitable  textbooks  for  any  or  all  grades 
of  pupils  in  the  schools  of  said  city.  The  said  board  of  education  may  make 
all  necessary  by-laws  for  its  own  government,  except  as  herein  otherwise  pro- 
vided. The  said  board  of  education  and  said  schools  shall  be  subject  to  the 
laws  relating  to  union  free  schools,  and  the  general  statutes  of  the  State  relating 
to  schools.  The  said  board  of  education  shall  be  entitled  to  its  proportion  of 
the  State  moneys  for  the  public  schools  of  said  city  of  Kingston,  which  shall 
be  apportioned  by  the  State  Superintendent  in  accordance  with  the  provisions  of 
law,  and  shall  be  paid  direct  to  the  treasurer  of  the  said  board  of  education 
and  shall  be  by  him  deposited  to  the  credit  of  the  said  board  of  education.  It 
shall  have  charge  of  the  school  libraries,  and  make  all  necessary  and  proper 
regulations  concerning  the  same,  and  may  impose  fines  for  abuse  of  books ; 
and  any  person  incurring  fines  shall  be  liable  to  an  action  for  the  same  by  the 
board  of  education,  and  the  amount  received  shall  be  applied  to  the  use  of  the 
library  from  which  the  book  was  taken,  and  it  may  appropriate  for  the  benefit 
of  said  libraries,  out  of  moneys  annually  raised  in  the  said  city  by  the  school 
tax,  an  amount  not  exceeding  two  hundred  and  fifty  dollars  in  addition  to  the 
library  money  received  from  the  State.  It  shall  have  the  power  to  appoint 
librarians.     (As  amended  by  L.  ipoj,  ch.  562.) 

§  177  The  said  board  of  education  is  hereby  constituted  a  body  corporate  by 
the  name  of  board  of  education  of  the  city  of  Kingston,  and  may  sue  and  be 
sued  as  such  and  shall  have  a  corporate  seal  to  be  designed  by  the  said  board  of 
education.     {As  amended  by  L.  190^,  ch.  562.) 

§  178  The  services  of  the  board  of  education  designated  by  this  act  shall  be 
gratuitous. 

v^  179  Whenever  said  board  of  education  shall  have  determined  by  resolu- 
tion an  amount  of  money  to  be  raised  for  new  site  or  sites,  building  or  buildings, 
and  furniture  and  fixtures  therefor,  or  for  repairs  or  improvements  to  buildings 
or  grounds,  which  sum  shall  in  any  one  year  exceed  the  sum  of  five  thousand 
dollars,  the  common  council,  instead  of  raising  the  same  by  tax  or  refusing  to 
raise  the  same,  in  its  discretion,  by  resolution  to  be  certified  by  the  mayor  and 
city  clerk  under  the  corporate  seal  of  the  city,  and  delivered  to  said  board  of 
education,  may  authorize  such  board  of  education  to  borrow  such  sum  or  such 
part  thereof  as  the  common  council  may  determine.  Such  loan  shall  be  evi- 
denced by  the  bond  or  bonds  of  the  city  of  Kingston,  of  such  denominations  as 
the  said  common  council  shall  determine,  which  bonds  shall  be  conditioned  that 
the  city  of  Kingston  will  pay  the  principal  named  therein  and  interest ;  and  shall 
bear  interest  not  exceeding  the  legal  rate  per  annum,  payable  semiannually 
and  be  payable  in  such  sums  in  each  year  as  the  common  council  shall  determine, 
and  shall  be  signed  by  the  mayor  and  city  clerk  of  Kingston,  and  sealed  with 
the  corporate  seal  of  said  city,  and  a  record  thereof  shall  be  kept  in  the  city 
clerk's  office.  The  bonds  so  issued  shall  be  delivered  to  said  board  of  education 
and  shall  not  be  negotiable  until  signed  by  the  president  and  clerk  of  said  board, 
and  sealed  with  its  corporate  seal,  and  the  amount  realized  from  the  sale  thereof 


EDUCATION    CODE  1 69 

shall  be  paid  to  the  city  treasurer,  and  the  par  value  of  said  bonds  shall  be 
placed  by  the  city  treasurer  to  the  credit  of  the  said  board  of  education,  and 
will  be  drawn  only  on  warrants  of  said  board  of  education  and  only  for  the 
purposes  for  which  such  loan  shall  have  been  authorized.  The  common  council 
of  the  city  of  Kingston  shall  annually  raise  by  tax,  and  as  a  part  of  the  school 
moneys,  the  amount  of  money  necessary  to  pay  the  interest  annually  accruing 
upon  such  bonds  and  the  principal  falling  due  and  payable  in  each  year.  The 
said  board  of  education  shall  certify  annually  by  and  in  the  resolution  hereto- 
fore referred  to  in  section  172,  the  amount  of  money  necessary  to  be  raised 
by  tax  to  pay  the  interest  on  such  bonds  and  the  principal  of  such  bonds  falling 
due  in  any  ensuing  year. 

§  180  If  at  any  time  after  the  passage  of  the  resolution  provided  in  section 
172,  the  said  board  of  education  shall  determine  that  more  money  is  needed  for 
any  of  the  purposes  mentioned  in  said  section  172,  the  said  board  may  by  reso- 
lution determine  the  amount  so  needed  and  certify  said  determination  to  the 
common  council  of  said  city,  and  in  that  case  the  said  common  council  shall 
have  the  power  to  authorize  the  issue  of  bonds  in  such  denomination  and  pay- 
able at  such  times  as  the  said  common  council  shall  determine.  Said  bonds 
shall  be  signed  by  the  mayor  and  city  clerk  and  sealed  with  the  corporate  seal 
of  said  city,  and  a  record  thereof  kept  in  the  city  clerk's  office.  The  bonds  so 
issued  shall  be  delivered  to  said  board  of  education  and  shall  not  be  negotiable 
until  signed  by. the  president  and  clerk  of  said  board,  and  sealed  with  its  cor- 
porate seal ;  and  the  amount  realized  from  the  sale  thereof  shall  be  paid  to  the 
city  treasurer,  and  the  par  value  of  said  bonds  shall  be  placed  by  the  city  treas- 
urer to  the  credit  of  the  said  board  of  education,  and  be  drawn  only  on  war- 
rants of  said  board  of  education  and  only  for  the  purposes  for  which  such  loan 
shall  have  been  authorized.  The  common  council  of  the  city  of  Kingston  shall 
raise  annually  by  tax,  and  as  a  part  of  the  school  moneys  the  amount  of  money 
necessary  to  pay  the  interest  annually  accruing  upon  such  bonds  and  the  princi- 
pal falling  due  and  payable  in  each  year.  The  said  board  of  education  shall 
annually  certify  by  and  in  the  resolution  named  in  section  172,  the  amount  of 
money  necessary  to  be  raised  by  tax  to  pay  the  interest  on  such  bonds  and  the 
principal  of  such  bonds  falling  due  in  any  ensuing  year. 

§  181  All  such  parts  or  portions  of  existing  school  districts  not  wholly  within 
the  boundaries  of  the  city  of  Kingston  shall  continue  and  remain  as  independent 
and  separate  school  districts  as  though  this  act  had  not  been  passed  until  they  may 
be  annexed  to  such  adjoining  districts  as  the  Superintendent  of  Public  Instruc- 
tion of  this  State,  or  the  school  commissioner  of  the  first  commissioner  district 
of  Ulster  county  may  designate.  And  the  board  of  education  of  the  city  of 
Kingston  shall,  upon  the  passage  by  such  districts  of  a  resolution  directing  their 
trustees  to  contract  with  said  city  for  the  education  of  their  pupils  therein,  enter 
into  a  contract  with  the  trustee  or  trustees  of  such  districts  for  the  education 
in  the  schools  of  said  city  of  all  pupils  residing  in  such  territory  at  a  rate  of 
compensation  not.  liowever.  to  exceed  the  average  cost  per  pupil  for  the  main- 


I/O  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

tenance  of  the  school  system  in  the  city  of  Kingston,  exclusive  of  any  appropri- 
ations for  the  purchase  of  new  sites,  erections  or  repairs  or  buildings  therein. 

§  2  Section  124  of  chapter  747  of  the  Laws  of  1896,  as  amended  by  chapter 
159  of  the  Laws  of  1900  is  hereby  further  amended  so  as  to  read  as  follows: 

§  124  The  common  council  may  raise  by  tax  upon  the  real  and  personal 
property  assessable  in  said  city  at  such  time  in  each  year : 

8  The  amounts  required  by  law  to  be  raised  for  the  board  of  health :  the  ex- 
amining board  of  plumbers ;  the  board  of  education  :  and  for  election  expenses. 
(As  amended  by  L.  ipo/,  ch.  /04:  L.  igoQ,  chapters  =,^2,  =,6/:  L.  ipii,  ch. 
61  y;  L.  191  f^,  ch.  611.) 

^  14  The  appointive  officers  of  said  city  shall  be  .  .  .  nine  members  of  the 
board  of  education.  .  .  . 

?  15  The  .  .  .  members  of  the  board  of  education  ,  .  .  shall  be  appointed  by 
the  mayor.  .  .  . 

§  18  If  a  vacancy  happens  in  any  city  office  including  members  of  the  board  of 
education,  and  except  those  named  in  the  preceding  section,  it  shall  be  filled  as 
follows  :  In  elective  offices,  except  that  of  mayor  and  of  alderman-at-large,  and  in 
appointive  offices,  except  that  of  deputy  clerk,  by  appointment  for  the  residue  of 
the  term  by  the  mayor.  .  .  .  Appointments  at  the  expiration  of  a  term  shall  be 
for  the  full  term  herein  provided,  and  in  other  cases  for  the  residue  of  the  term. 

§  19  A  person  shall  not  be  elected  or  appointed  to  any  city  office  unless  he  be  a 
resident  elector  of  said  city,  nor  to  any  ward,  district  or  department  office  unless 
he  be  a  resident  elector  of  the  ward,  district  or  department  for  which  he  is  elected 
or  appointed,  and  whenever  any  officer  of  said  city  ceases  to  be  a  resident  of 
said  city  or  ward,  district  or  department,  for  which  he  is  elected  or  appointed  his 
office  shall  thereby  become  vacant.  .  .  . 

^  20  The  resignation  of  any  officer  elected  or  appointed  under  this  act.  in- 
cluding members  of  the  board  of  education,  and  except  mayors,  alderman-at-large, 
and  deputy  clerk,  shall  be  presented  to  the  mayor  in  writing,  and  shall  be  effective 
when  accepted  by  him  and  filed  with  the  city  clerk.  .  .  . 

§  21  Each  officer  of  the  city  shall,  before  he  enters  upon  the  duties  of  his  office, 
rake  and  file  his  official  oath,  in  accordance  with  article  13  of  the  constitution,  and 
section  10  of  the  public  officers  law.  and  for  omission  so  to  do  he  shall  be  subject 
to  the  liability  and  penalties  prescribed  by  section  1820  of  the  penal  law.  and 
sections  13,  15  and  30  of  the  public  officers  law.   .    .    . 


LACKAWANNA 

Chapter  574,  Laws  of  1909 
An  act  to  incorporate  the    city  of  Lackawanna 

TITLE   VII 

SCHOOLS 

Section  150  School  districts.  The  territory  included  within  the  boundaries 
of  the  city  of  Lackawanna  shall  remain  in  the  several  school  districts  as  they 
exist  at  the  time  of  the  passage  of  this  act.  Such  school  districts  shall  be  entitled 
to  all  the  rights,  powers,  privileges,  public  moneys  and  other  benefits  conferred 
by  law  upon  school  districts,  and  shall  be  subject  to  all  the  rules  and  regula- 
tions, powers  of  inspection  and  superintendence  prescribed  by  law  applicable 
to  school  districts  throughout  the  State  except  as  otherwise  provided  by  this 
act.  The  jurisdiction,  powers  and  duties  of  the  superintendent  of  schools  and 
the  attendance  officers  appointed  by  the  board  of  education  of  the  school  district 
lying  wholly  within  the  corporate  limits  of  the  city,  known  as  district  number 
6.  in  respect  to  the  enforcement  of  the  provisions  of  article  20  of  the  Educa- 
tion Law,  relating  to  compulsory  education,  shall  extend  to  and  be  exercised 
over  the  entire  territory  included  within  the  boundaries  of  the  city  of  Lacka- 
wanna.    (As  amended  by  L.  ipio,  ch.  491.) 

§  151  School  officers.  The  officers  of  the  several  school  districts  and  parts 
of  districts  included  within  or  partly  within  the  boundaries  of  the  city  of  Lacka- 
wanna shall  be  the  same  as  now  provided  by  law  and  shall  possess  the  same 
power  and  be  subject  to  the  same  duties  and  liabilities,  except  that  the  city 
treasurer  shall  be  the  collector  and  treasurer  for  the  district  known  as  district 
number  6  lying  wholly  within  the  limits  of  the  city,  and  he  shall  be  the  custodian 
of  all  such  moneys,  and  also  such  moneys  as  shall  be  paid  to  him  by  the  county 
treasurer  or  other  official  of  the  county  or  State,  and  also  all  moneys  received 
from  tuition,  and  all  other  receipts  whatsoever.  He  shall  keep  a  separate  account 
with  such  district,  keeping  each  fund  separate  as  directed  by  the  school  authori- 
ties so  to  do,  and  shall  pay  out  said  moneys  only  upon  warrants  issued  by  the  sev- 
eral school  district  officers  as  directed  by  law.  Such  district  lying  wholly  within 
the  city  shall  have  no  other  collector  or  treasurer  than  the  city  treasurer.  The 
school  commissioner  of  the  second  school  commissioner  district  of  the  county  of 
Erie  shall  have  no  jurisdiction,  and  he  shall  perform  no  duties  in  respect  to  that 
portion  of  the  city  which  is  comprised  within  the  limits  of  the  district  known  as 
district  number  6.     {As  amended  by  L.  ipio,  ch.  491.) 

§  152  School  moneys  apportioned.  The  county  treasurer  shall  pay  over  to 
the  treasurer  of  the  city  of  Lackawanna  for  the  use  of  the  school  district  lying 
wholly  within  the  corporate  limits  of  the  city  known  as  district  number  6,  such 
proportion  of  the  school,  library  and  other  public  moneys  apportioned  to  the 

[171' 


172  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

said  district  by  the  Superintendent  of  Public  Instruction   for  teachers'  wages, 
libraries  or  other  purposes  as  shall  by  law  be  apportioned  to  the  said,  district. 

§  153  School  districts.  All  that  territory  now  in  the  town  of  West  Seneca 
and  in  the  town  of  East  Hamburg  and  in  the  town  of  Hamburg  now  constitut- 
ing and  known  as  school  district  number  5  shall  not  be  deemed  in  any  wise 
affected  by  this  chapter.  The  said  district  shall  possess  the  same  powers  and 
privileges,  and  be  subject  to  the  same  liabilities  as  other  school  districts  in  towns, 
except  that  the  superintendent  of  schools  and  the  attendance  officers  of  dis- 
trict number  6  shall  perform  their  duties  and  have  jurisdiction  in  respect  to  the 
enforcement  of  the  provisions  of  article  20  of  the  Education  Eaw,  relating  to 
compulsory  education,  in  that  portion  of  said  district  number  5.  towns  of  West 
Seneca,  Hamburg  and  East  Hamburg,  which  lies  within  the  boundaries  of  the 
city.     (As  amended  by  L.  igio,  ch.  4pi.) 


LITTLE  FALLS' 

Chapter  565,  Laws  of  1895 

ARTICLE    III 

Section  42  The  board  of  education.  The  school  commissioners  of  the  city  of 
Little  Falls  shall  also  be  school  commissioners  of  the  union  free  school  district  of 
the  city  of  Little  Falls  and  shall  constitute  the  board  of  education  of  the  city 
of  Little  Falls  and  the  board  of  education  of  the  union  free  school  district  of  the 
city  of  Little  Falls.  The  Superintendent  of  Public  Instruction  shall  apportion 
the  State  school  moneys  to  the  city  of  Little  Falls,  in  the  same  manner  as  to 
cities  having  special  school  acts  and  for  that  purpose  this  act  shall  be  deemed  a 
special  school  act,  within  the  meaning  of  the  Consolidated  School  Law. 

§  5  City  as  school  district.  The  city  of  Little  Falls  shall  constitute  a  union 
free  school  district,  which  shall  be  known  as  ''  the  union  free  school  district  of 
the  city  of  Little  Falls." 

§  II  Elective  city  officers  enumerated;  their  terms  of  office  and  compen- 
sation. The  elective  officers  of  the  city  to  be  elected  by  the  city  at  large  shall  be 
.  three  school  commissioners,  the  term  of  office  of  each  of  whom  shall  be 
three  years,  and  who  shall  receive  no  compensation  for  their  services ;  .  .  . 
(As  amended  by  L.  i8p8,  cJi.  ipg;  L.  igoi/ch.  470.) 

§  14  Appointive  city  officers  enumerated;  by  whom  appointed.  The  ap- 
pointive officers  of  said  city  shall  be  .  .  .  three  school  commissioners, 
.  All  appointments  of  school  commissioners,  .  .  .  shall  be  so  made 
that  each  of  the  four  boards  constituted  by  such  commissioners  respectively  shall 
be  non-partisan  or  bi-partisan ;  that  is  to  say  so  that  when  each  commissioner  so 
appointed  enters  upon  his  office,  the  board  of  which  he  thereby  becomes  a  mem- 
ber shall  be  composed  of  an  ecjual  number  of  representatives  of  each  of  the  two 
principal  political  parties  casting  the  highest  and  next  highest  number  of  votes, 
respectively,  at  the  next  preceding  general  election.  {As  amended  by  L.  i8p6, 
ch.  IS.) 

vj  15  Terms  of  office  of  appointive  officers.  The  term  of  office  of  .  .  • 
of  each  appointive  school  commissioner,  three  years;  .  .  .  {As  amended  by 
L.  ipoi,  ch.  470.) 

§  54  Annual  report  and  estimates  by  boards  and  officers  to  the  mayor. 
.  .  .  the  board  of  education  shall  .  .  .  deliver  to  the  mayor  on  or  before 
the  fifteenth  day  of  March  in  each  year  a  report  of  all  expenditures  made  or  in- 
curred by  such  board  during  the  preceding  fiscal  year,  showing  separately  and  by 
items  the  amount  expended  from  each  fund  which  may  be  drawn  on  by  such 
board,  the  balance  at  the  end  of  such  year  standing  to  the  credit  of  each  such 
fund;  the  amount  which  in  the  judgment  of  said  board  will  need  to  be  expended 
during  the  current  fiscal  year  from  such  fund,  with  the  items  thereof  and  the 
reasons  therefor  so  far  as  practicable,  and  the  amount  and  condition  of  all  trust 
funds  held  by  them     .     .     .     (As  amended  by  L.  i8p6,  cJi.  /j.) 


*  The  provisions  of  the  Education  Law  apply  to  this  city. 

[173I 


LOCKPORT 

Chapter  51,  Laws  of  1847 
An  act  in  relation  to  common  schools  in  the  village  of  Lockport 

Section  i  All  the  territory  embraced  in  primary  school  districts  numbers  i,  2, 
3.  4,  5.  6.  and  7,  as  now  constituted,  which  lies  within  the  boundaries  of  the  city 
of  Lockport.  and  all  other  territory  within  the  boundaries  of  said  city,  are  hereby 
consolidated  for  the  purpose  and  to  the  extent  in  this  act  specified ;  and  shall 
hereafter,  to  such  extent,  form  but  one  school  district,  to  be  called  the  union 
school  district  of  the  city  of  Lockport.  Such  parts  of  any  of  said  primary 
(districts  as  now  bounded,  as  are  outside  the  boundaries  of  said  city,  shall  be 
annexed  to  adjoining  districts  in  the  town  of  Lockport.  {As  amended  by  L.  1866, 
eh.  3^8.) 

§  2  Said  seven  school  districts  shall  remain  and  continue  separate  and  distinct. 
for  the  purposes  and  to  the  extent  in  this  act  specified ;  and  shall  be  called  '"  pri- 
mary school  districts,"  and  numbered  as  follows:  said  district  number  i,  shall 
form  primary  district  number  i  ;  said  district  number  2.  shall  form  primary  dis- 
trict number  2 ;  said  district  number  7,  shall  form  primary  district  number  3  : 
said  district  number  15,  shall  form  primary  district  number  4;  said  district  number 
8.  shall  form  primary  district  number  5  ;  said  district  number  16,  shall  form  pri- 
mary district  number  6 ;  and  said  district  number  5,  shall  form  primary  district 
number  7.  Said  districts  shall  not  be  subject  to  alteration  except  by  the  acts 
of  the  Legislature,  or  by  resolution  of  the  board  of  education  hereinafter  created. 
The  schools  in  said  primary  districts,  shall  be  used  as  preparatory  schools  for 
the  instruction  of  children  until  they  arrive  at  a  certain  age,  and  attain  a  certain 
proficiency  in  learning;  who  shall  then  be  transferred,  upon  the  proper  testimon- 
ials, into  the  union  school  hereinafter  mentioned;  the  age,  qualifications  and 
testimonials,  to  be  prescribed  by  the  by-laws,  rules  and  regulations  of  the  board 
of  education  hereinafter  created. 

§  3  Sullivan  Caverno,  residing  in  primary  district  number  i ;  William  G. 
M'Master,  residing  in  primary  district  number  2 ;  Joseph  T.  Bellah,  residing  in 
primary  district  number  3 ;  Silas  H.  Marks,  residing  in  primary  district  number 
4;  Isaac  C.  Colton,  residing  in  primary  district  number  5  ;  John  S.  Wolcott,  resid- 
ing in  prirqary  district  number  6 ;  and  Edwin  L.  Boardman,  residing  in  primary 
district  number  7,  are  hereby  appointed  trustees  in  behalf  of  such  districts  re- 
spectively; and  Nathan  Dayton,  Samuel  Works,  Jonathan  L.  Woods,  Lyman  A. 
Spalding  and  Hiram  Gardner  are  hereby  appointed  trustees  in  behalf  of  said 
union  district.  The  trustees  so  named,  and  their  successors,  to  be  chosen  as 
hereinafter  provided,  are  hereby  constituted  a  corporation  by  the  name  of  '*  The 
board  of  education  for  the  city  of  Lockport."     {As  amended  by  L.  1866,  ch.  3/8.) 

S  4  On  the  first  Saturday  of  September  next  there  shall  be  elected  by  each 
primary  district,  one  trustee,  who  shall  be  a  resident  of  such  primary  district,  to 

[174I 


EDUCATION    CODE  175 

fill  the  places  of  those  named  in  the  last  section,  in  behalf  of  such  districts  re- 
spectively. On  the  first  Saturday  of  October  next,  there  shall  be  elected  in  said 
union  district  five  trustees,  residents  of  said  union  district,  to  fill  the  places  of 
those  named  in  the  last  section,  in  behalf  of  said  union  district.  Annually  there- 
after, on  the  days  specified  for  such  elections,  there  shall,  in  said  districts  and 
union  district,  be  elected  four  trustees,  to  fill  the  places  of  those  whose  terms 
jhall  next  thereafter  expire,  as  hereinafter  ])rovided.  The  trustees  named  in  the 
Jiird  section  above  shall  hold  their  offices  until  the  first  Monday  of  January  next, 
and  until  their  successors  shall  be  chosen  and  enter  upon  the  discharge  of  their 
offices  respectively.  Every  officer  elected  under  this  act  shall  enter  upon  the 
duties  of  his  office  on  the  first  Monday  of  January  next  succeeding  his  election, 
and  shall  hold  his  office  for  the  term  hereinafter  provided,  and  until  his  successor 
shall  be  elected  and  enter  upon  the  duties  of  his  office.  All  elections  under  this 
act  for  primary  district  trustees  shall  be  held  at  public  and  convenient  places  in 
the  several  districts,  and  the  board  of  education  shall,  at  their  first  regular  meet- 
ing after  the  ist  day  of  May.  1873,  by  resolution,  designate  and  appoint  such 
places,  and  shall  publish  such  resolution,  for  three  successive  publications,  in  each 
of  the  daily  newspapers  published  in  the  city  of  Lockport,  and  the  places  so 
designated  shall  be  and  continue  the  places  for  the  holding  of  such  election,  until 
changed  by  said  board  of  education,  and  all  changes  therein  shall  be  published 
by  said  board  as  aforesaid.  At  all  such  elections  of  trustees  in  the  several 
primary  districts,  the  polls  of  such  election  shall  be  opened  at  the  hour  of  eleven 
^"clock  in  the  forenoon,  and  remain  open  for  the  reception  of  ballots  until  the 
lour  of  eight  o'clock  in  the  afternoon,  when  the  polls  shall  be  closed.  At  all 
='lections  of  trustees  in  and  for  said  union  district,  the  board  of  education  may 
iesignate  two  convenient  polling  places :  one  whereof  shall  be  for  male  voters 
;nly.  and  the  other  for  female  voters  only  ;  and  no  vote  shall  be  offered  by  a 
/oter  or  received  by  any  election  officer,  at  any  such  election,  except  at  the  polling 
place  provided  for  voters  of  the  same  sex  as  the  person  ofifering  the  vote.  Until 
changed  by  the  board  of  education,  the  polling  place  for  male  voters  shall  be  at 
the  Intermediate  School  building,  on  Chestnut  street,  in  said  city,  and  the  polling 
place  for  female  voters  shall  be  at  the  Union  School  building,  on  East  avenue, 
in  said  city.  The  board  of  education  may  change  such  polling  places  when 
necessary  in  its  judgment,  and  all  changes  thereof  shall  be  published  by  the 
board  of  education,  as  in  the  case  of  primary  district  polling  places.  The  polls 
of  the  union  district  elections  shall  be  opened  at  10  o'clock  in  the  forenoon,  and 
remcain  open  for  the  reception  of  ballots,  until  the  hour  of  eight  o'clock  in  the 
evening,  when  the  polls  shall  be  closed.  The  office  of  clerk  of  the  union  district 
and  '?ach  of  said  primary  districts  is  hereby  abolished.  The  president  of  the 
board  of  education  shall,  at  least  one  week  before  each  of  said  election  days, 
appoint  two  reputable  resident  freeholders  of  the  city  of  Lockport,  to  be  chairman 
and  clerk  of  the  poll  respectively,  at  and  for  each  polling  place  at  such  election. 
Each  person  so  appointed  or  who  shall  be  elected  to  either  of  said  offices,  as 
hereinafter  provided,  before  he  acts  as  such  officer,  shall  take  and  subscribe  the 
constitutional  oath  of  office,  and  the  same  shall  be  filed  in  the  office  of  the  board 


1/6  THE    UNIVERSITY    OF   THE   STATE   OF    NEW    YORK 

of  education.  It  shall  be  the  duty  of  the  chairman  and  clerk  so  appointed  to 
attend  at  the  proper  time,  at  the  polling  place  for  which  they  were  appointed, 
and  open  the  poll,  and  keep  the  same  open  as  herein  provided,  and  receive  the  bal- 
lots offered  by  the  voters  at  such  poll,  and  keep  a  poll  list,  in  writing,  showing  the 
names  and  residences  of  the  several  voters,  and  all  challenges  of  voters ;  and 
immediately  upon  the  closing  of  the  poll  to  proceed  and  count  the  votes  cast,  and 
thereupon  publicly  proclaim  the  true  result  of  the  balloting,  and  make  their  cer- 
.tificate  in  writing  thereof,  and  to  file  the  same,  together  with  said  poll  list,  and 
all  of  the  ballots  cast  at  said  polling  place  at  such  election,  in  the  office  of  the 
board  of  education,  within  forty-eight  hours  after  the  closing  of  the  poll.  Such 
ballots  shall  be  carefully  kept  by  said  board  for  one  year  next  after  such  election. 
The  board  of  education  shall  attend  at  the  office  of  the  board  on  the  second 
business  day,  next  after  any  election  of  trustees,  under  this  act,  at  half  past  seven 
o'clock  in  the  evening,  and  proceed  to  canvass  the  votes  for  trustees,  as  the  same 
shall  have  been  certified  by  the  election  officers  of  the  several  polls,  and  shall 
ascertain  and  declare  the  result  of  the  election,  declaring  as  elected  in  each  such 
district  that  person,  otherwise  qualified,  who  received  the  greatest  number  of 
votes  cast  in  such  district,  as  shown  by  such  certificate.  In  the  event  of  a  failure 
to  elect  a  trustee  in  any  district,  by  reason  of  a  tie  vote  or  otherwise,  the  board 
of  education  shall,  at  the  meeting  when  such  canvass  is  made,  order  a  special 
election  for  such  district,  to  be  held  not  less  than  ten  nor  more  than  fifteen  days 
from  the  date  of  the  preceding  election  in  such  district,  and  shall  cause  a 
notice  of  such  special  election  to  be  published  in  each  of  the  daily 
papers  published  in  said  city,  on  three  successive  days.  The  board  of 
education  shall  have  power  to  fill  vacancies  in  the  office  of  trustee  for 
any  period  less  than  one  year,  otherwise  a  special  election  must  be  held  as  herein- 
before provided.  There  shall  be  entered  in  the  records  of  the  board  a  statement 
of  the  number  of  votes  cast  for  each  candidate  at  every  such  election,  and  the 
name  or  names  of  the  trustees  elected.  The  laws  of  the  state  to  school  district 
meetings  and  qualifications  of  voters  thereat  shall  apply  to  such  elections  so  far 
as  not  inconsistent  with  this  act.  Each  chairman  and  clerk  of  the  polls,  for  all 
his  services  in  and  about  the  election,  down  to  and  including  the  filing  of  the  cer- 
tificate of  result  and  poll  list,  shall  be  paid  as  follows :  For  each  primary  district 
election,  three  dollars ;  for  each  union  district  election,  five  dollars ;  the  same  to 
be  deemed  contingent  expenses,  payable  from  the  union  district  moneys.  In  case 
of  the  absence  of  the  chairman  or  clerk  of  the  poll  from  any  polling  place  at  any 
such  election,  the  qualified  voters  present  thereat  shall  elect  one  of  their  number 
to  fill  the  vacancy  until  such  absent  officer  shall  appear.  (As  amended  by  L.  i8/s, 
chapters  2^4,  623;  L.  i8go,  ch.  215;  L.  i8py,  ch.  402;  L.  1900,  ch.  152;  L.  ipro, 
ch.  466.) 

§  5  Within  ten  days  after  the  first  election  of  trustees  of  said  union  district, 
as  provided  by  the  last  section,  all  the  trustees  so  elected  by  said  primary  and 
union  districts,  or  a  majority  of  them,  shall  meet  and  cause  the  whole  number 
of  trustees  so  elected,  to  be  divided  into  three  classes,  to  be  severally  numbered 
first,  second  and  third.     The  term  of  office  of  the  first  class  shall  expire  at  the 


EDUCATION    CODE  VJ'J 

end  of  one  year;  of  the  second  class  at  the  end  of  two  years;  of  the  third  class 
at  the  end  of  three  years,  from  the  first  Monday  of  January  next.  The  term  of 
office  of  said  primary  and  union  district  trustees  shall  thereafter  be  three  years. 
{^As  amended  by  L.  iSgy,  ch.  402.) 

§  6  There  shall  annually  be  appointed,  by  said  board  of  education,  a  collector 
and  treasurer  of  said  union  district,  who  shall  each,  within  ten  days  after  receiv- 
ing notice  in  writing  of  his  appointment,  and  before  entering  upon  the  duties  of 
his  office,  execute  and  deliver  to  said  board  of  education  a  bond,  in  such  penalty 
and  with  such  sureties  as  said  board  may  require,  conditioned  for  the  faithful 
discharge  of  the  duties  of  his  office.  In  case  such  bond  shall  not  be  given  within 
ten  days  after  receiving  such  notice,  such  office  shall  thereby  become  vacated,  and 
said  board  of  education  shall  thereupon  make  an  appointment  to  supply  such 
vacancy. 

§  7  Notices  for  annual  elections  and  all  other  meetings  of  said  districts,  shall 
be  given  by  said  board  of  education,  at  least  ten  days  before  such  election  or 
meeting,  by  publishing  such  notice  once  in  each  of  the  newspapers  printed  in  the 
village  of  Lockport ;  and  if  such  notice  be  for  an  election  or  meeting  of  said 
union  district,  by  posting  the  same  on  the  door  of  the  schoolhouse  in  each  primary 
district ;  if  such  notice  be  for  an  election  or  meeting  of  any  primary  district,  then 
by  posting  such  notice  on  the  door  of  the  schoolhouse  in  such  district. 

§  8  In  case  of  a  vacancy  of  any  office  mentioned  in  this  act,  occasioned  by  the 
death  of  such  officer,  his  refusal  to  serve,  removal  out  of  the  district  for  which 
he  shall  have  been  elected  or  appointed,  his  incapacity,  or  any  cause  other  than 
the  expiration  of  the  term  of  office  of  persons  elected,  said  board  of  education 
may  make  an  appointment  to  fill  such  vacancy.  The  officer  so  appointed  shall 
hold  his  office  for  the  unexpired  term  of  the  person  to  supply  whose  place  he 
shall  be  so  appointed. 

§  9  Said  board  of  education  shall  be  a  corporate  body,  in  relation  to  all  the 
powers  and  duties  conferred  upon  them  by  virtue  of  the  provisions  of  this  act; 
a  majority  of  the  board  shall  form  a  quorum. 

^  10  Said  board  of  education  shall  possess  all  the  powers  and  be  subject  to  all 
the  duties,  in  respect  to  all  of  said  school  districts,  that  the  trustees  of  common 
schools  now  possess  or  are  subject  to,  and  such  other  powers  and  duties  as  are 
given  or  imposed  by  this  act.  The  clerk,  collector  and  librarian  of  said  union 
district  shall  possess  all  the  powers  and  be  subject  to  all  the  duties,  in  respect  to 
said  union  district,  that  like  officers  of  common  schools  now  possess  or  are  subject 
to,  and  such  other  powers  and  duties  as  are  given  or  imposed  by  this  act.  (Also 
abolished  collector,  librarian  and  two  trustees  in  each  primary  district.) 

§  II  Said  board  of  education  shall,  at  its  first  meeting,  and  annually  thereafter, 
at  their  meeting  held  next  after  the  ist  of  January  in  each  year,  appoint  one  of 
their  number  president  and  another  secretary.  In  the  absence  of  either  of  such 
officers  at  any  regular  meeting  of  the  board,  a  president  or  secretary  may  be  ap- 
pointed for  the  time  being. 

i<  12  The  secretary  shall  keep  a  record  of  the  proceedings  of  said  board  of 
education,  which  record,  or  a  transcript  therefrom,  certified  by  the  president  and 


170  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

secretary,  shall  be  received  in  all  the  courts  as  presumptive  evidence  of  the  facts 
therein  set  forth. 

§  13  Each  member  of  said  board  of  education,  and  every  other  officer  of  said 
union  district,  before  entering  upon  the  duties  of  his  office,  shall  take  and  sub- 
scribe the  oath  of  office  prescribed  by  the  constitution  of  this  State,  and  file  the 
same  with  the  secretary  of  said  board. 

§   14  Said  board  of  education  shall  have  power,  and  it  shall  be  their  duty : 

1  To  establish  and  organize  so  many  primary  schools  as  they  shall  deem 
requisite  and  expedient,  and  to  alter  and  discontinue  the  same. 

2  To  purchase  or  hire  schoolhouses,  rooms,  lots  or  sites  for  schoolhouses,  and 
to  fence  and  improve  them  as  they  may  think  proper. 

3  Upon  such  lots  or  sites,  and  upon  any  lot  or  site  now  owned  by  any  primary 
district,  to  build,  enlarge,  alter,  improve  and  repair  schoolhouses,  outhouses  and 
appurtenances,  as  they  may  deem  advisable. 

4  To  purchase,  exchange,  improve  and  repair  school  apparatus,  books,  furni- 
ture and  appendages ;  to  provide  fuel  for  the  schools,  and  defray  their  contingent 
expenses,  and  the  expenses  of  the  library  and  the  salary  of  the  librarian ;  and 
from  and  after  the  first  Monday  of  September,  1896,  to  furnish,  free  of  expense, 
to  the  pupils  of  the  schools  in  said  city,  whose  parents  or  guardians  are  residents 
of  said  city,  such  textbooks,  stationery  and  supplies,  as  may  be  required  in  and 
about  such  studies  as  the  board  may  from  time  to  time  determine ;  and  to  so 
graduate  the  supply  of  such  free  textbooks,  as  to  replace  therewith  such  textbooks, 
in  said  studies,  as  are  now  used  and  owned  by  any  of  such  pupils,  or  their  parents, 
when  the  same  shall  become  worn  out,  or  their  use  be  discontinued.  All  of  said 
free  textbooks,  stationery  and  supplies  shall  be  and  remain  the  property  of  the 
board  of  education,  who  shall,  from  time  to  time,  make  such  rules  as  they  may 
deem  necessary  for  the  proper  preservation,  care  and  return  thereof  to  the  board. 
Said  board,  during  the  school  year  ending  on  the  first  Monday  of  September, 
1896,  may  borrow  such  sum  of  money  as  they  may  deem  necessary  to  defray  the 
expenses  of  furnishing  such  free  textbooks,  stationery  and  supplies,  during  the 
school  term  to  begin  on  the  first  Monday  of  September,  1896,  and  include  the 
sum  so  borrowed  in  the  estimate  to  be  made  by  them  to  the  common  council  of 
said  city  in  that  year;  and  in  each  annual  estimate  hereafter  made  by  the  board, 
in  addition  to  all  other  sums  of  money  therein,  there  shall  be  included  such 
sum  as  the  board  shall  deem  necessary  for  the  purchase  of  free  textbooks, 
stationery  and  supplies,  for  the  then  next  ensuing  year.  {As  amended  by  L. 
i8p6,  eh.  161.) 

5  To  have  the  custody  and  safekeeping  of  the  schoolhouses,  outhouses,  appara- 
tus, books,  furniture  and  appendages,  and  see  that  the  ordinances  and  by-laws  of 
said  board  in  relation  thereto  be  observed. 

6  To  contract  with  and  employ  all  teachers  in  all  the  schools  under  their  charge, 
and  at  their  pleasure  to  remove  them. 

7  To  pay  the  wages  of  such  teachers  out  of  the  public  money  and  tuition  fees 
to  be  received  by  them,  according  to  the  provisions  of  this  act,  so  far  as  the 
same  shall  be  sufficient,  and  the  deficiency,  if  any,  out  of  the  moneys  to  be  raised 


EDUCATION    CODE  1 79 

for  general  purposes  of  education  under  and  by  virtue  of  the  provisions  of  this 
act. 

[Subdivisions  8  and  9,  which  relate  to  the  old  rate-bill  system,  are  obsolete.] 

10  To  have  in  all  respects  the  superintendence,  supervision,  management  and 
control  of  all  the  schools  mentioned  or  contemplated  in  and  by  the  provisions  of 

!iis  act :  to  prescribe  the  course  of  studies  therein,  the  books  to  be  used,  and 
stablish  an  uniformity  in  respect  to  such  course  of  studies  and  books:  from  time 
-O  time  to  adopt,  alter,  modify  and  repeal,  as  they  deem  expedient,  rules,  regula- 
tions and  ordinances  for  the  organization,  government  and  instruction  of  such 
schools,  I'or  the  reception  of  pupils  and  their  transfer  from  one  school  to  another, 
for  the  promotion  of  their  good  order,  prosperity  and  public  utility,  for  the 
protection,  safekeeping,  care  and  preservation  of  schoolhouses,  lots,  sites  and 
appurtenances,  and  all  other  property  connected  with  or  appertaining  to  such 
schools. 

11  To  cause  such  rules,  regulations,  ordinances  and  by-laws  to  be  published 
in  such  manner  and  form  as  they  may  deem  best  calculated  to  give  general  infor- 
mation ;  to  cause  one  copy  thereof,  together  with  a  copy  of  this  act,  to  be  kept  in 
each  of  said  schools ;  and  such  parts  thereof  as  relate  to  such  schools,  respectively, 
to  be  read  therein  at  least  once  during  each  quarter. 

12  [Repealed  by  L.  1866,  ch.  378.] 

§  15  Said  board  of  education  shall,  at  the  commencement  of  each  year,  make 
an  estimate  by  the  best  means  in  their  power,  and  determine  by  resolution  the 
amount  of  money  which  will  be  needed  for  all  the  purposes  of  education  in  said 
union  school  district  for  the  current  year,  and  for  all  other  purposes  provided 
for  by  this  act,  over  and  above  the  moneys  to  be  received  from  the  Regents  of 
the  University,  from  the  State  and  for  tuition,  and  shall  transmit  a  copy  of  said 
resolution  to  the  common  council  of  the  city  of  Lockport,  and  said  common 
council  shall  assess  and  collect  the  amount  so  certified,  by  a  tax  upon  all  the 
taxable  property  of  said  city,  upon  the  assessment  roll,  and  at  the  same  time 
and  in  the  same  manner  that  city  taxes  are  now  required  to  be  assessed  and 
collected,  and  the  amount  so  estimated  and  collected  shall  be  paid  by  the  city 
treasurer  upon  orders  drawn  in  pursuance  of  resolutions  of  said  board  of  educa- 
tion, such  orders  to  be  signed  by  the  president  of  said  board  of  education,  and 
certified  by  its  secretary.  The  amount  of  money  so  to  be  raised  in  any  one  year 
shall  not  be  less  than  the  amount  received  in  behalf  of  all  said  districts  from  the 
State  for  the  year  next  preceding,  nor  more  than  an  amount  equal  to  seven  mills 
on  each  dollar  of  the  entire  assessed  valuation  of  the  estate,  real  and  personal, 
within  the  bounds  of  the  said  union  school  district,  subject  to  taxation,  unless  such 
greater  amount  shall  be  authorized  by  a  vote  of  the  taxable  inhabitants  of  the 
said  union  district;  and  said  board  is  hereby  authorized,  in  making  the  estimate 
for  the  year  191 1,  to  include  a  sutiicient  amount  to  pay  all  expenses  contemplated 
by  the  foregoing  provisions,  which  shall  accrue  before  the  ist  day  of  January, 
1912,  and  whenever  any  money  shall  be  needed  for  the  use  of  any  primary  or 
secondary  district  for  any  of  the  purposes  contemplated  by  this  act,  said  board  of 
education  shall  estimate  and  certifv  the  same  to  said  common  council,   whose 


I  So  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

duty  it  shall  be  to  assess  and  collect  the  same  by  tax  on  the  taxable  property  of 
such  primary  or  secondary  district,  in  the  same  manner  as  above  provided  for 
the  assessment  and  collection  of  the  general  tax,  and  the  moneys  so  collected 
shall  be  paid  on  orders  drawn  as  above  provided  and  shall  be  applied  for  the 
benefit  of  the  respective  districts  upon  which  the  same  shall  have  been  assessed. 
(As  amended  by  L.  1866,  ch.  ^/8;  L.  1900,  ch.  1^2;  L.  ipio,  ch.  391.) 

%  16  Said  board  of  education  shall  have  power,  and  it  shall  be  their  duty, 
forthwith  to  purchase  a  suitable  lot  so  situated  as  best  to  convene  the  whole  of 
said  union  district,  not  to  exceed  in  cost  the  sum  of  twenty-five  hundred  dollars, 
and  procure  a  clear  title  thereof,  to  be  vested,  by  deed,  in  said  board  of  education ; 
to  cause  said  lot  to  be  graded,  fenced  and  otherwise  properly  improved ;  to  erect 
thereon  a  suitable  and  proper  building  or  buildings,  to  be  built  of  stone  or  brick, 
not  to  exceed  in  expense  the  sum  of  eight  thousand  dollars,  nor  to  cost  less  than 
five  thousand  dollars ;  furnish  the  same  with  all  proper,  useful  and  necessary 
furniture,  apparatus  and  appendages;  as  soon  as  the  building  is  in  proper  con- 
dition, employ  a  sufficient  number  of  well-qualified  teachers,  male  and  female, 
and  cause  a  school  to  be  commenced  therein,  to  be  called  "  the  Lockport  Union 
School,"  in  which  shall  be  taught  only  the  higher  branches  of  education. 

The  tuition  fee  in  said  union  school  shall  not  exceed  two  dollars  each  per 
quarter  for  pupils  whose  parents  or  guardians  reside  within  the  territory  of  said 
union  district;  for  all  other  pupils,  said  tuition  fee  shall  not  be  less  than  two 
dollars  nor  more  than  five  dollars  per  quarter.  No  tuition  fee  shall  thereafter 
be  charged,  nor  any  rate  bill  be  made,  for  tuition  in  the  primary  schools,  but 
the  same  shall  be  free  schools. 

§  17  [Provided  for  assessment  and  collection  of  taxes  by  board  of  education. 
Superseded  by  section  15  and  city  charter.] 

§  18  All  moneys  to  be  raised  by  virtue  of  this  act,  and  all  moneys  by  law 
appropriated  to  or  provided  for  said  districts,  shall  be  paid  to  the  treasurer  of 
said  board,  who,  together  with  the  sureties  upon  his  official  bond,  shall  be  ac- 
countable therefor  to  said  board  of  education.  Said  treasurer  shall  not  pay  out 
any  of  such  moneys,  except  by  resolution  of  said  board,  and  upon  an  order 
drawn  by  the  president  and  certified  by  the  secretary,  to  be  so  drawn  in  pur- 
suance of  such  resolution. 

(By  revised  city  charter  the  city  treasurer  is  custodian  and  disburser  on  order 
of  board  of  education  of  all  school  monies  raised  by  local  tax  and  received  from 
State  appro])riations.) 

§  19  Said  board  of  education  shall  meet  for  the  transaction  of  business  as 
often  as  once  in  each  month,  and  may  adjourn  for  any  shorter  time.  Special 
meetings  may  be  called  by  the  president,  or,  in  his  absence  or  inability  to  act, 
by  the  secretary  or  any  other  member  of  the  board,  as  often  as  necessary,  by 
giving  personal  notice  to  each  member  of  the  board,  or  causing  a  written  or 
printed  notice  to  be  left  at  his  last  place  of  residence  at  least  twenty-four  hours 
before  the  hour  for  such  special  meeting.  No  member  of  said  board  shall  receive 
any  pay  or  compensation  for  his  services.  It  shall  not  be  lawful  for  any  member 
of  said  board,  or  any  other  officer  of  either  of  said  districts,  to  become  a  con- 


EDUCATION    CODE  lOl 

tractor  for  building  or  making  any  improvement  or  repairs  authorized  by  this 
act,  or  be  in  any  manner  directly  or  indirectly  interested  either  as  principal, 
partner  or  surety  in  any  such  contract.  All  contracts  made  in  violation  of  this 
provision  shall  be  absolutely  void,  and  the  person  so  violating  shall  forfeit  the 
sum  of  fifty  dollars,  to  be  prosecuted  for  and  recovered  by  said  board. 

§  20  Instead  of  the  report  now  required  by  law  to  be  made  by  trustees  of 
school  districts  to  the  town  superintendent  of  common  schools,  the  trustees  so 
to  be  elected  for  each  primary  district  shall,  within  the  time  now  required  by 
law,  make  such  report  to  said  board  of  education,  and  shall  therein  embrace 
such  other  and  further  matters  as  may  be  required  and  prescribed  by  said  board, 
or  as  such  trustee  may  think  the  interests  of  such  primary  district  or  school  may 
require.  Said  board  of  education  ihaW  annually,  between  the  ist  of  January  and 
the  1st  of  March  in  each  year,  make  to  the  town  superintendent  of  common 
schools  a  report  containing  all  such  matters,  relating  as  well  to  said  union  district 
and  union  school  as  to  said  primary  districts  and  their  schools,  as  is  now  or 
shall  hereafter  be  required  by  law  or  the  regulations  of  the  superintendent  of 
common  schools,  to  be  reported  to  said  town  superintendent,  and  such  other  and 
further  matters  as  they  may  deem  advisable.  Such  report  shall  be  received  by 
said  town  superintendent,  instead  of  the  reports  now  required  from  each  of 
said  seven  districts.  A  copy  of  such  report  shall  be  filed  with  the  secretary  of 
said  board. 

§  21  Said  board  of  education  shall,  from  time  to  time,  appoint  such  and  so 
many  members  of  their  board  as  they  may  deem  proper,  not  less  than  three 
in  number,  a  visiting  committee,  whose  duty  it  shall  be  to  visit  said  union 
school  and  each  of  said  primary  schools  as  often  as  once  in  each  quarter,  and 
make  a  report  in  writing  to  said  board,  showing  tl  e  state  and  condition  of  each 
school,  schoolhouse.  apparatus  and  appendages,  and  such  other  matters  as  said 
board  may  require  of  them,  and  such  suggestions  for  the  improvement  of  the 
same  as  they  may  deem  proper  and  advisable :  sui  .h  reports  shall  be  filed  and 
kept  among  the  papers  of  said  board.  Such  boatd  may.  in  their  discretion, 
cause  such  reports,  or  any  parts  of  the  same  or  the  substance  thereof,  and 
any  and  all  other  matters  relating  to  said  schools,  t(  be  published  in  such  form 
as  they  may  deem  advisable.  They  shall,  at  the  close  of  each  year,  publish  in 
one  or  more  of  the  village  newspapers  a  report  of  the  moneys  received  and 
expended  by  them  during  the  year,  and  such  other  matters  as  they  deem 
advisable. 

§  22  Whenever,  in  the  opinion  of  said  board,  the  interests  of  any  primary 
district  require  the  sale  or  exchange  of  the  school  lot  therein,  said  board  may 
cause  such  sale  or  exchange  to  be  made,  and  hold  the  proceeds  thereof  for  the 
use  and  benefit  of  such  primary  district. 

§  23  The  title  of  schoolhouses.  sites,  lots,  furniture,  books,  apparatus,  and 
appurtenances,  and  all  other  school  property  in  this  act  mentioned,  shall  be 
vested  in  said  board  of  education ;  and  the  same,  while  used  for  or  appropriated 
to  school  purposes,  shall  be  exempt  from  all  taxes  and  assessments,  and  shall 
not  be  liable  to  be  levied  upon  or  sold  by  virtue  of  any  warrant  or  execution. 


1 82  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Said  board  of  education  in  their  corporate  capacity  shall  be  able  to  take, 
hold  and  dispose  of  any  real  or  personal  estate  transferred  to  it  by  gift,  grant, 
bequest  or  devise  for  the  use  of  said  schools  or  any  or  either  of  them. 
(As  amended  by  L.  1888,  ch.  /o?.) 

vj  24  Every  officer  in  this  act  mentioned,  having  at  the  time  the  possession, 
custody,  care,  charge  or  control  of  any  property  belonging  to  said  schools  or 
any  or  either  of  them,  or  any  moneys  raised  by  the  provisions  of  this  act  or 
provided  by  law  for  the  purpose  of  education  in  said  village,  shall,  at  the 
expiration  of  his  term,  or  whenever  such  officer  shall  resign,  be  removed  from 
office,  cease  to  act.  or  his  office  be  otherwise  vacated,  transfer  all  such  property 
and  pay  over  all  such  money  to  the  board  of  education. 

§  25  Every  resignation  of  officers  appointed  or  elected  under  this  act  shall 
be  made  to  the  board  of  education :  and  such  resignation  shall  have  no  force 
or  effect,  nor  in  any  degree  excuse  such  officer  from  the  discharge  of  his 
duties,  until  the  same  be  accepted  and  approved  by  a  resolution  of  said  board. 

§  26  Any  such  officer  may  be  removed  from  office  for  any  judicial  misconduct 
or  neglect  of  official  duty  by  resolution  of  said  board,  two-thirds  of  the  members 
thereof  concurring.  Opportunity  shall  be  given  to  every  such  officer  to  be 
heard  in  his  defense  before  any  such  resolution  shall  be  adopted. 

§  27  Every  person  appointed  or  elected  to  any  office  mentioned  in  this 
act,  who.  without  sufficient  cause,  shall  refuse  to  serve  therein,  shall  forfeit  the 
sum  of  ten  dollars ;  and  every  person  so  appointed  or  elected,  and  not  having 
refused  to  accept,  who  shall  neglect  to  discharge  the  duties  of  such  office,  shall 
forfeit  the  sum  of  twenty  dollars  to  said  board  of  education.  It  shall  be  the 
duty  of  said  board  of  education  forthwith  to  prosecute  for  all  forfeitures  and 
penalties  under  this  act,  and  when  recovered  to  apply  the  same  to  the  purposes 
of  education  in  said  village.  All  officers  mentioned  in  this  act  shall  be  deemed 
public  officers,  within  the  intent  and  meaning  of  section  38  of  title  6  of  chapter  i, 
part  4  of  the  Revised  Statutes,  and,  as  such,  liable  to  the  penalty  therein  pre- 
scribed, in  addition  to  the  penalty  in  this  section  before  provided. 

§  28  [Consolidated  primary  district  libraries  into  a  union  -district  library. 
Now  superseded,  and  the  library  incorporated  February  9,  1893.  under  L.  1892. 
ch.  378.  etc.] 

§  29  [Provided  for  sale  of  lands  for  taxes.  Superseded  by  section  15  above, 
and  city  charter.] 

55  30  Said  board  of  education  may  cause  a  school  for  colored  children  to 
be  taught  in  said  village,  and  include  the  expense  thereof  in  the  amount  so  to  be 
raised  annually  by  tax  for  contingent  expenses  and  other  purposes  of  education 
provided  for  in  this  act. 

i^  31  Said  board  of  education  may  organize  in  said  union  school  a  depart- 
ment for  the  instruction  of  teachers,  for  such  parts  of  the  year  and  under  such 
rules  and  regulations  as  they  may  by  their  by-laws  adopt  relative  thereto. 

^  32  Said  board  of  education  may  at  any  time  hereafter,  whenever  in  their 
opinion  the  wants  and  interests  of  said  schools  shall  require  it,  establish  a  class 
of  so  many  schools,  intermediate  sa'd  primary  and  union  schools,  as  they  may 


•w  EDUCATION    CODE  ,  183 

deem  advisable,  to  be  called  secondary  schools ;  and  for  this  purpose  consolidate 
such  and  so  many  of  said  primary  district  as  they  may  deem  advisable,  prescribe 
the  tuition  fees  and  course  of  studies  therein,  and  so  arrange  and  regulate  the 
system  of  instruction  in  all  of  said  schools  that  the  transfer  of  pupils  shall  there- 
after be  from  the  primary  directly  into  the  secondary  and  thence  into  the  union 
school ;  and  for  this  purpose,  and  for  the  organization,  government  and  regulation 
of  said  secondary  schools,  said  board  shall  have  all  such  powers  as  are  herein- 
before conferred  upon  them  in  respect  to  said  primary  and  union  schools  and 
their  districts  and  property. 

^  33  This  act  shall  take  effect  immediately. 

J;  34  Said  board  of  education  shall  have  power  to  borrow  money,  from  time 
to  time,  whenever  necessary,  by  reason  of  nonpayment  of  taxes,  or  a  failure 
to  collect  a  sufficient  amount  to  pay  the  current  expenses  of  the  schools  under  its 
charge,  as  contemplated  and  provided  for  in  section  15  of  this  act,  as  amended; 
but  in  no  case  shall  they  borrow  a  greater  amount  than  the  amount  estimated 
and  reported  to  the  common  council,  as  provided  by  this  act  as  amended.  (As 
added  by  L.  1866,  ch.  3/8.) 

SUPPLEMENTAL   LAWS 

Chapter  77,  Laws  of  1850 

An  act  to  amend  the  act  entitled  "An  act  in  relation  to  common  schools  in  the 

village  of  Lockport,"  passed  March  31,  1847 

Section  i  The  provisions  of  the  act  entitled  "An  act  in  relation  to  common 
schools  in  the  village  of  Lockport,"  passed  March  31,  1847,  ^^e  not  and  shall 
not  be  deemed  or  adjudged  to  be,  or  to  have  been,  affected,  altered,  or  impaired 
by  the  act  entitled  "An  act  establishing  free  schools  throughout  the  State," 
passed  March  26,  1849. 

§  2  The  said  board  of  education  for  the  city  of  Lockport  is  hereby  authorized 
to  increase  the  rates  of  tuition  fees  in  the  union  school  under  its  charge  and  to 
graduate  the  same  according  to  the  branches  taught,  and  may  require  fees  for 
tuition  of  nonresident  pupils  to  be  paid  in  advance.  {As  amended  by  L.  1866, 
ch.  378.) 

§  3  Said  board  of  education  is  hereby  authorized  to  appoint  a  superintendent 
of  the  schools  under  its  charge,  with  such  powers  and  duties  and  compensation  as 
said  board  shall  prescribe,  and  such  superintendent  shall  have  power  to  examine 
and  give  certiticates  to  all  teachers  who  shall  be  employed  in  said  union  school 
district,  and  such  certificates  so  given  by  said  superintendent  shall  have  the  same 
force  and  effect  as  certificates  given  by  county  or  assembly  district  superintendents 
have  heretofore  had  and  now  have.      {As  amended  by  L.  i860,  ch.  378.) 

^  4  From  and  after  the  ist  day  of  March,  1866,  all  secondary  schools  under 
the  charge  of  the  board  of  education  for  the  city  of  Lockport  shall  be  free,  and 
no  fees  for  tuition  therein  shall  be  charged  or  collected  by  said  board.  {As 
amended  by  L.  1806,  ch.  378.) 

§  5  [Taxes  by  board,  superseded  by  section  15,  and  city  charter.] 


184  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

§  6  The  acts  and  doings  of  said  board  of  education,  in  accordance  with  the 
provisions  of  their  act  of  incorporation,  since  the  act  entitled  "'An  act  estabhsh- 
ing  free  schools  throughout  the  State,"  passed  March  26,  1849,  took  effect,  are 
hereby  ratified  and  confirmed. 

§  7  The  public  money  which  shall  be  apportioned  to  the  districts  included 
in  the  said  union  school  district  shall  be  paid  to  said  board,  and  be  applied  by 
them  to  teachers"  wages,  in  the  several  schools  in  their  charge  in  said  district, 
in  proportion  to  the  average  number  of  scholars  pursuing  common  school  studies 
in  each  of  said  schools.  The  annual  report  of  receipts  and  expenditures  re- 
quired to  be  published  by  said  board,  shall  specify  all  sums  received,  and  from 
whom,  and  all  persons  to  whom  payments  were  made,  and  the  general  character 
of  the  demands  paid. 

Upon  the  application  of  said  board  of  education  to  "  the  Regents  of  The 
University  of  the  State  of  New  York,"  said  Regents  may  acknowledge  and  de- 
clare said  union  school  to  be  an  academy;  and  it  shall  thereafter  be  an  academy, 
subject  to  and  to  be  governed  by  the  provisions  of  the  act  authorizing  said 
union  school,  and  subject  to  such  rules  and  regulations  as  said  Regents  may  pre- 
scribe. 

Chapter  95,  Laws  of  1858 

An  act  to  amend  an  act  entitled  "An  act  in  relation  to  common  schools  in  the 
village  of  Lockport,"  passed  March  31,   1847 
Section  i    [Taxation.     Superseded  by  amended  section  15,  and  city  charter.] 

Chapter  377,  Laws  of  1863 
An  act  in  addition  to  and  in  amendment  of  an  act  in  relation  to  common  schools 
in  the  village  of  Lockport,  passed  March  31,  1847 
[This  is  a  special  act  authorizing  the  purchase  of  land  bounded  south  and  west 
by  the  union  school  lands,  north  by  Union  street  and  east  by  Washburn  street, 
for  school  purposes;  and  provides  for  the  payment  therefor  by  taxation,  and 
that  "  When  so  purchased  said  lots  shall  become  and  forever  remain  a  part 
of  said  union  school  lot."] 

Chapter  822,  Laws  of  1867 
An  act  in  relation  to  the  common  schools  in  the  city  of  Lockport 

Section  I  The  common  school  report  now  required  to  be  made  by  the  board 
of  education  for  the  city  of  Lockport  shall  hereafter  be  made  to  the  State 
Superintendent  of  Public  Instruction,  instead  of  the  school  commissioner  of  the 
first  assembly  district  of  Niagara  county,  as  the  same  has  heretofore  been  made. 

§  2  The  public  money  apportioned  to  the  union  school  district  of  the  city 
of  Lockport  shall  hereafter  be  paid  to  the  treasurer  of  the  board  of  education 
for  the  city  of  Lockport,  instead  of  the  supervisor  of  the  town  of  Lockport,  as 
the  same  has  heretofore  been  paid.     (Superseded  by  revised  city  charter.) 


EDUCATION    CODE  185 

Chapter  729,  Laws  of  1868 
An  act  in  relation  to  common  schools  in  the  citv  of  T.ockport 

Section  i  The  board  of  education  for  the  city  of  Lockport,  is  hereby  author- 
ized to  unite  any  two  or  more  primary  school  districts  within  the  bounds  of 
the  "  union  school  district  of  Lockport,"  for  the  purpose  of  purchasing  a  site 
and  erecting  a  schoolhouse  for  the  joint  use  of  such  districts,  and  for  the  purpose 
of  enlarging,  repairing  or  improving  the  same.  And  such  districts,  when  so  united, 
shall,  for  the  purposes  above  mentioned,  be  treated  in  all  respects  as  one  district. 

Section  2  provides  for  the  payment  of  the  expense  thereof  by  the  issue  of 
city  bonds  to  the  amount  necessary   therefor.      (As  amended  by  L.   i8gf,,   ch. 

483-) 

Chapter  120,  Laws  of  1886 
An  act  to  revise  the  charter  of  the  city  of  Lockport 

Section  58  provides  for  the  collection  of  school  taxes  by  the  city  treasurer, 
and  the  custody  thereof  by  him,  and  the  liability  of  the  city  for  the  moneys  col- 
lected or  received  by  him. 

Section  231  provides  that  the  common  council  shall  levy  and  assess  the  sum 
certified  by  the  board  of  education  as  necessary  for  school  purposes  for  the 
ensuing  year. 

Section  268  provides  "  The  boundaries  of  the  union  school  district  shall  con- 
tinue to  include  all  the  territory  contained  in  the  limits  of  the  city  of  Lockport." 

There  have  been  numerous  amendments  to  the  charter,  but  none  of  them  to 
date  affect  or  alter  the  relations  of  the  common  council  and  board  of  education. 

Chapter  103,  Laws  of  1888,  as  amended  by  L.  1889,  ch.  387;  L.  1890,  ch.  15. 

[These  are  special  acts  authorizing  the  board  of  education  to  purchase,  land 
and  erect  and  furnish  a  building  for  the  purposes  of  the  union  school  district, 
to  be  used  by  the  whole  or  a  part  of  the  pupils  attending  the  union  school ;  and 
providing  for  an  issue  of  bonds  by  the  city  in  payment  therefor,  not  exceeding 
one  hundred  and  twenty-five  thousand  dollars  in  amount.] 

Chapter  372,  Laws  of  1897 

An  act  to  authorize  the  board  of  education  of  the  city  of  Lockport  to  improve, 
enlarge  and  repair  the  old  union  school  building 

[This  is  a  special  act  authorizing  the  board  of  education  to  enlarge,  repair 
and  improve  the  old  union  school  building,  and  recites  that  the  same  is  now  used 
as  an  intermediate  school;  and  provides  for  the  issue  of  city  bonds  therefor  not 
exceeding  ten  thousand  dollars  in  amount.] 

Special  acts  in  1902  and  1903  authorized  bond  issues  to  pay  cost  of  new  heat- 
ing and  ventilating  systems  in  High  street  and  Washburn  street  school  buildings, 
also  for  building  the  William  street  school  building.  (L.  1902,  ch.  223;  L. 
1903,  ch.  416;  L.  1903,  ch.  f,3S.) 

Special  act  in  1907  authorized  bond  issue  to  rebuild  High  street  school  build- 
ing, destroyed  by  fire.      (L.  190/,  ch.  595.) 

Special  act  in  1905  authorized  bond  issue  to  repair  Hawley  street  school  in- 
cluding new  heating.      (L.  190^,  ch.  364.) 


MECHANICVILLE 

This  cih'- was  incorporated  by  the  Laws  of  1915,  chapter  170.  No  provision  is  made  in 
the  city  charter  for  the  government  of  the  schools  and  such  schools  are  therefore  governed 
by  the  general  provisions  of  the  Education  Law. 


MIDDLETOWN 

Chapter  572,  Laws  of  1902 
An  act  to  revise  and  amend  an  act  to  incorporate  the  city  of  Middletown  and 

the  acts  amendatory  thereof 

TITLE   IX 

OF  THE  BOARD  OF  EDUCATION 

Section  160  All  the  territory  included  within  the  boundaries  of  the  city  of 
Middletown  shall  hereafter  constitute  a  separate  school  district  within  this 
State,  and  shall  be  designated  as  "  the  school  district  of  the  city  of  Middletown." 
It  may  bear  such  other  additional  designation  as  the  Superintendent  of  Public 
Instruction  may  by  law  prescribe.  Such  district  shall  be  entitled  to  all  rights, 
powers,  privileges,  public  moneys  and  other  benefits  conferred  by  law,  or  other 
State  authority,  upon  school  districts  and  shall  be  subject  to  all  the  rules,  regu- 
lations, powers  of  inspection  and  superintendence  prescribed  by  law  applicable 
to  school  districts  in  cities,  except  as  otherwise  provided  by  this  act.  The  board 
of  education  of  the  city  of  Middletown  shall  exercise  all  the  powers  conferred 
and  discharge  all  the  duties  imposed  by  the  general  laws  of  this  State  applicable 
to  boards  of  education  in  cities,  except  as  otherwise  provided  for  by  this  act. 

§  161  The  present  members  of  the  board  of  education  shall  continue  in  office 
until  the  expiration  of  their  respective  terms.  From  January  i,  1912  the  board 
shall  consist  of  nine  members,  one  of  whom  shall  be  the  mayor,  and  the  remain- 
ing eight  electors  of  the  city.  The  term  of  office  of  the  eight  elected  members 
shall  be  four  years.  At  the  annual  election  in  1911  there  shall  be  elected  two 
members  to  serve  four  years  and  one  to  serve  three  years ;  at  the  annual  election 
in  1912  two  to  serve  four  years  and  one  to  serve  two  years;  and  at  each  annual 
election  thereafter  two  to  serve  for  four  years.  The  office  of  clerk  of  the  board 
of  education  is  hereby  abolished  and  the  duties  of  that  office  shall  be  performed 
by  the  clerk  of  the  common  coimcil.      (As  amended  by  L.  ipii,  ch.  699.) 

i5  162  The  title  of  the  schoolhouses,  sites,  lots,  furniture,  books,  apparatus 
and  appurtenances,  and  all  other  school  property  in  said  city,  in  this  act  men- 
tioned, shall  be  invested  in  said  board  of  education,  and  such  property  shall  not 
be  subject  to  state,  county  and  city  taxes.  And  the  said  board  of  education,  in 
its  corporate  capacity,  may  take,  hold  and  dispose  of  any  real  or  personal  estate 
transferred  to  it  by  gift,  grant,  bequest  or  devise,  for  the  use  of  the  schools  in 
said  city  established  by  authority  of  this  act. 

[186I 


EDUCATION    CODE  187 

§  163  All  members  of  the  board  of  education  elected  as  provided  by  this  act 
shall  enter  upon  their  respective  offices  on  the  ist  day  of  January  next  follow- 
ing their  election.  The  annual  meeting  of  said  board  shall  be  held  on  the  first 
business  day  of  January.  A  majority  of  said  board  shall  constitute  a  quorum 
and  be  competent  to  transact  any  business  of  said  board.  At  such  annual  meet- 
ing the  said  board  shall  elect  by  ballot  one  of  their  number,  other  than  the  mayor, 
president,  and  whenever  he  shall  be  absent  a  president  pro  tempore  may  be  ap- 
pointed. The  members  of  said  board  shall  receive  no  compensation  for  their 
services.  The  said  board  shall  appoint  a  superintendent  of  instruction  for  said 
city,  whose  compensation  shall  be  fixed  by  the  board.  The  clerk  of  the  common 
council  shall  be  the  clerk  of  the  board  of  education.  The  said  clerk  shall  keep 
a  record  of  the  proceedings  of  the  board  and  perform  such  other  duties  as  the 
board  may  prescribe.  Such  record,  or  a  transcript  thereof,  certified  by  the  presi- 
dent and  clerk,  shall  be  received  in  all  courts  as  prima  facie  evidence  of  facts 
therein  set  forth.      (As  amended  by  L.  ipii,  ch.  6qo.) 

^  164  The  common  council  of  said  city  shall  have  the  power,  and  it  shall  be 
their  duty,  to  raise,  from  time  to  time,  by  tax,  to  be  levied  upon  all  the  real  and 
personal  property  in  said  city  which  shall  be  liable  for  the  ordinary  city  taxes, 
such  sum  or  sums  of  money  as  the  board  of  education  shall  certify  to  the  said 
common  council  to  be  necessary  for  any  or  all  of  the  following  purposes : 

1  To  purchase,  lease,  or  improve  sites  for  schoolhouses. 

2  To  build,  purchase,  lease,  enlarge,  alter,  improve  and  repair  schoolhouses 
and  appurtenances. 

3  To  purchase,  exchange,  improve  and  repair  school  apparatus,  books,  furni- 
ture and  appendages. 

4  To  purchase  fuel  and  pay  the  contingent  expenses  of  the  schools  under  their 
supervision,  and  the  expenses  of  the  libraries  of  said  schools. 

5  To  pay  the  wages  of  teachers,  after  applying  to  that  purpose  all  the  public 
school  moneys,  and  all  the  other  moneys  received  by  said  board,  or  that  shall  be 
under  their  control,  and  which  may  by  law  be  appropriated  and  provided  for 
that  object;  provided  that  no  moneys  shall  be  raised  for  the  purchasing  of  any 
site,  or  the  erection  of  any  schoolhouse  or  the  enlarging  of  any  school  building 
already  erected,  unless  the  consent  of  a  majority  of  the  taxable  inhabitants  of 
said  city  authorized  to  vote,  and  voting  at  an  annual  or  special  meeting  called 
for  that  purpose  be  first  obtained. 

6  The  common  council  of  said  city  are  hereby  authorized  and  directed  to  raise 
by  loan,  in  anticipation  of  the  taxes,  the  moneys  to  be  levied  and  collected  as 
herein  provided.  The  taxes  to  be  levied  as  aforesaid,  and  collected  by  virtue  of 
this  act,  shall  be  collected  at  the  same  time  and  in  the  same  manner  as  other  city 
taxes. 

7  Whenever  the  board  of  education  shall  deem  the  erection  of  an  additional 
schoolhouse  or  schoolhouses  necessary  for  the  common  schools,  or  necessary  and 
additional  edifices  for  the  high  school,  they  shall  determine  the  kind  of  house  or 
edifice,  the  sum  required  to  erect  the  same,  and  the  sum  necessary  to  purchase 
the  site,  and  furnish   the  appurtenances,  specifying  tbe   probable   cost  of   each 


1 88  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

separately,  to  be  the  best  of  their  judgment,  and  certify  the  same  to  the  common 
council  of  the  city  of  Middletown.     And  it  shall  thereupon  be  the  duty  of  the 
common  council  forthwith  to  cause  a  notice  to  be  published,  and  a  special  elec- 
tion or  appropriation  meeting  to  be  held  in  the  manner  provided  by  the  fifth  title 
of  this  act;  and  in  case  a  majority  of  the  ballots  cast  at  such  election  or  appro- 
priation meeting  shall  be  in  favor  of  the  expenditure  of  the  sums  for  any  or  all 
of  the  purposes  so  certified,  it  shall  thereupon  be  the  duty  of  the  common  coun- 
cil to  provide  by  assessment  and  taxation   for  raising  the  funds  necessary  for 
that  purpose,  in  the  manner  provided  by  the  fifth  title  of  this  act.     Instead  of 
providing  by  assessment  and  taxation  for  forthwith  raising  such  funds,  it  shall 
be  lawful  for  the  common  council  of  the  city  of  Middletown  to  issue  bonds  or 
other  evidence  of  indebtedness  of  the  city  of  Middletown  for  the  purposes  of 
the  purchase  of  such  schoolhouse  lots  and  sites,  and  the  building  and  enlarge- 
ment of  such  schoolhouses  or  high  school  and  appurtenances  in  such  amounts 
as  occasion  may  require,  which  bonds  shall  bear  interest,  payable  half-yearly, 
not  exceeding  six  per  centum  per  annum,  and  shall  be  signed  by  the  mayor  and 
clerk  of  said  city  and  president  of  the  board  of  education,  and  the  seal  of  said 
city  be  affixed  thereto,  and  may  have  attached  thereto  coupons  or  warrants  for 
ihe  payment  of  interest.     Said  bonds  shall  be  called  "  school  building  bonds," 
and  shall  not  be  sold  for  less  than  par  and  accrued  interest.     The  proceeds  re- 
ceived from  the  sale  of  said  bonds  shall  be  deposited  with  the  treasurer  of  said 
city  to  the  credit  of  said  board  of  education,  and  shall  be  paid  only  by  order  of 
said  board  of  education,  drawn  by  the  president  thereof,  and  countersigned  by 
the  clerk  thereof,  for  the  purposes  only  as  provided  by  this  subdivision.     It  shall 
be  the  duty  of  the  common  council  and  they  are  hereby  authorized  to  raise  by 
assessment  and  taxation  in  the  same  manner  as  amounts  are  raised  for  the  ordi- 
nary affairs,  and  expenses  of  said  city,  such  sums  as  may  be  necessary  to  pro- 
vide for  the  payment  of  the  principal  of  said  bonds  and  the  interest  thereon  as 
the  same  becomes  due  and  payable. 

§  165  All  moneys  to  be  raised  pursuant  to  the  provisions  of  this  act,  and  all 
school  moneys  by  law  appropriated  to  and  provided  for  the  schools  of  said  city 
shall  be  paid  to  the  treasurer  of  the  city  of  Middletown,  who,  together  with  the 
sureties  upon  his  official  bond,  shall  be  accountable  therefor,  in  the  same  man- 
ner as  for  other  moneys  of  said  city,  and  who  shall  be  liable  to  the  like  penalties 
for  any  official  misconduct  in  relation  to  school  as  to  other  moneys  of  said  city. 
Such  moneys  shall  be  deposited  with  such  treasurer  to  the  credit  of  said  board 
of  education,  and  shall  be  paid  only  by  order  of  said  board  on  drafts  drawn  by 
the  mayor  and  countersigned  by  the  city  clerk,  payable  to  the  order  of  the  per- 
son or  persons  entitled  to  receive  such  moneys ;  and  said  treasurer  shall  keep  the 
funds  received  by  him  under  this  act  separate  and  distinct  from  any  other  funds. 
{As  amended  by  L.  ipii,  ch.  699.) 
%  166  The  said  board  shall  have  the  power  and  it  shall  be  their  duty: 
I  To  establish  and  organize  in  said  city  such  and  so  many  free  schools  as  said 
board  shall  deem  requisite  and  expedient,  and  to  change  or  discontinue  the  same 
in  their  discretion. 


EDUCATION    CODE  189 

2  To  hire  schoolhouses  or  rooms  for  school  purposes. 

3  To  alter,  improve  and  repair  schoolhouses  and  appurtenances,  as  they  may 
deem  advisable. 

4  To  purchase,  exchange,  improve  and  repair  school  apparatus,  books,  furni- 
ture and  appendages,  and  to  defray  the  necessary  expenses  attending  the  same. 

5  To  have  the  custody  and  safekeeping  of  the  school  buildings,  outhouses, 
books,  furniture  and  appendages,  and  to  see  that  the  ordinances  in  relation 
thereto  are  enforced. 

6  To  contract  with,  license  and  employ  all  necessary  teachers,  and  at  their 
pleasure  to  remove  them. 

7  To  pay  the  wages  of  such  teachers  out  of  the  moneys  appropriated  and  pro- 
vided by  law  for  that  purpose. 

8  To  defray  the  necessary  contingent  expenses  of  the  board,  provided  the 
account  of  such  expenses  shall  be  first  audited  and  allowed  by  said  board  of 
education.     (As  amended  by  L.  igii,  ch.  dpp.) 

9  To  expend  all  moneys  raised  by  virtue  of  this  act,  for  building  schoolhouses, 
purchasing  sites,  and  other  purposes  for  which  the  same  may  be  raised,  but  only 
for  the  purposes  for  which  it  was  raised  unless  there  should  be  a  surplus,  and 
to  that  end  that  the  clerk  of  the  board  of  education  be  required  to  open  an  ac- 
count for  each  separate  fund  for  which  money  was  raised  and  drafts  drawn 
accordingly. 

10  To  have  the  entire  supervision  and  management  of  the  schools  in  said  city, 
established  under  and  by  virtue  of  the  provisions  of  this  act;  and  from  time  to 
time  to  adopt,  alter,  modify  and  repeal,  as  they  may  deem  expedient,  rules  and 
regulations  for  their  organization,  government  and  instruction,  for  the  recep- 
tion of  pupils  and  their  transfer  from  one  school  to  another,  for  their  advance- 
ment from  class  to  class,  as  their  degree  of  scholarship  may  warrant,  and  gen- 
erally for  the  promotion  of  the  good  order  and  prosperity  of  said  schools. 

11  To  sell  and  dispose  of  any  school  buildings,  lots  or  sites,  whenever  in  the 
opinion  of  the  board  it  may  be  advisable. 

12  To  determine  and  certify  to  the  common  council  of  the  city,  on  or  before 
the  1st  day  of  September  in  each  year,  the  sums  of  money  in  their  opinion  neces- 
sary to  be  raised,  under  the  provisions  of  this  act,  for  the  year  commencing  on 
the  I  St  day  of  January  following,  specifying  in  detail  the  purposes  for  which  the 
same  are  required.     (As  amended  by  L.  iQii,  ch.  187.) 

§  167  The  board  of  education  shall  have  a  regular  meeting  at  least  once  in 
each  month. 

vj  168  The  said  board  of  education  shall  have  power  to  allow  the  children  of 
persons  not  resident  within  the  city  to  attend  any  of  the  schools  of  said  city 
under  the  control  of  said  board  upon  such  terms  as  said  board  shall  by  resoki- 
tion  prescribe. 

J<  169  The  said  board  of  education  shall  be  trustees  of  the  public  library 
and  the  school  libraries  in  said  city,  and  all  the  provisions  of  law  relative  to  dis- 
trict school  libraries  shall  apply  to  said  board.     They  shall  also  be  vested  with 


190  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

the  same  discretion  as  to  the  disposition  of  the  moneys  appropriated  by  law  for 
the  purchase  of  hbraries  as  is  conferred  upon  the  inhabitants  of  school  districts. 
It  shall  be  the  duty  of  said  board,  in  their  discretion,  to  provide  rooms  for  the 
school  libraries  of  said  city.  The  board  shall  also  appoint  one  or  more  libra- 
rians to  have  the  care  of  the  books,  and  to  superintend  the  letting  out  and  re- 
turning thereof,  and  the  said  board,  or  the  general  librarian,  under  the  direction 
of  said  board,  may  make  all  purchases  of  books  for  the  libraries  of  such  schools, 
and  exchange  or  cause  to  be  repaired  the  damaged  books  belonging  thereto. 

§  170  It  shall  be  the  duty  of  said  board,  in  each  year,  to  prepare  and  make 
to  the  common  council  of  the  city  a  correct  report  of  the  receipts  and  disburse- 
ments of  moneys  under  the  provisions  of  this  act,  during  the  preceding  year,  in 
which  accounts  shall  be  stated  under  appropriate  heads : 

1  The  moneys  raised  by  the  common  council  of  the  said  city  under  the  pro- 
visions of  this  act. 

2  The  school  moneys  received  by  the  treasurer  of  the  city  from  the  county 
treasurer. 

3  The  moneys  received  by  the  board  under  section  160  of  this  act. 

4  All  other  moneys  received  by  the  treasurer  subject  to  the  order  of  the  board. 

5  The  manner  in  which  such  money  shall  have  been  expended,  specifying  the 
purpose  for  which  each  amount  was  paid.     (As  amended  by  L.  IQO/,  ch.  655.) 

§  171  The  common  council  of  said  city  shall  have  the  power,  and  it  shall  be 
their  duty,  to  pass  such  ordinances  and  regulations  as  the  said  board  of  educa- 
tion may  report  as  necessary  and  proper,  for  the  protection,  safekeeping,  care 
and  preservation  of  the  school  buildings,  lots,  sites,  appurtenances  and  appen- 
dages, libraries,  and  all  property  belonging  to  or  connected  with  the  schools  in 
said  city,  and  to  impose  proper  penalties  for  the  violation  of  the  same,  subject 
to  the  restrictions  and  limitations  contained  in  this  act  to  incorporate  the  said 
city,  and  all  such  penalties  shall  be  collected  in  the  same  manner  as  the  penalties 
for  the  violation  of  other  city  ordinances,  and  when  collected  shall  be  paid  to 
the  treasurer  of  the  city,  and  be  subject  to  the  order  of  the  board  of  education, 
in  the  same  manner  as  other  moneys  raised  pursuant  to  the  provisions  of  this  act. 
§   172   [Repealed  by  T.  1911,  ch.  187.] 

§  173  The  said  board  of  education  shall  make  a  report  to  the  Superintendent 
of  Public  Instruction  of  the  State,  and  such  report  shall  be  made  in  a  manner, 
at  least  annually,  and  at  such  other  times  as  he  may  direct.  It  shall  be  the  duty 
of  the  Superintendent  of  Public  Instruction  to  apportion  for  the  use  of  tlie  board 
of  education  of  the  city  of  Middletown,  such  portion  of  the  school,  library  and 
other  money  as  it  shall  be  entitled  to,  by  its  annual  report,  in  the  ^ame  manner 
in  which  such  moneys  are  apportioned  to  cities,  and  the  amounts  to  which  it 
shall  be  entitled  shall  be  certified  to  the  treasurer  of  Orange  county.  The  said 
county  treasurer  of  Orange  countv  shall  pay  over  to  the  treasurer  of  the  city 
of  Middletown  for  the  use  of  the  board  of  education  of  said  city,  such  por- 
tion of  the  school,  library  and  other  moneys  apportioned  to  the  said  city  of  Mid- 
dletown by  the  Superintendent  of  Public  Instruction   for  teachers'  wages  and 


EDUCATION    CODE  I9I 

libraries  or  other  purposes,  as  shall  by  law  be  apportioned  to  said  board  of  edu- 
cation or  district. 

Jj  174  All  property,  real  and  personal,  rights,  powers,  privileges  and  contracts 
at  the  time  of  the  passage  of  this  act,  possessed,  owned,  occupied,  exercised  and 
enjoyed  by,  as  well  as  all  the  duties,  contracts,  obligations  and  liabilities  hereto- 
fore imposed  upon  the  said  board  of  education  of  the  city  of  Middletown,  are 
hereby  vested  and  imposed  upon  the  board  of  education  of  said  city  of  Middle- 
town  ;  and  all  rules  and  regulations  of  the  board  of  education  of  the  city  of  Mid- 
dletown,  in  force  at  the  time  of  the  passage  of  this  act,  shall  be  and  remain  valid 
and  effectual  as  the  rules  and  regulations  of  the  board  of  education  of  said  city, 
until  repealed,  modified  or  changed,  subject,  however,  to  the  provisions  of  this 
act.  and  the  rights  and  privileges  of  all  persons  or  parties  that  may  have  arisen 
or  accrued  under,  pursuant  to  or  by  the  reason  of  any  such  contract,  rule  or  reg- 
ulation, or  otherwise,  as  well  as  any  liabilities  that  may  have  arisen  by  reason 
thereof,  shall  remain  and  be  the  same  under  this  act  as  they  would  have  been 
had  not  this  act  been  passed ;  and  all  rights  and  liabilities  of  said  board  of  edu- 
cation of  said  city  existing  at  the  time  of  the  passage  of  this  act  shall  be  in  no 
wise  affected  or  changed  herebv. 


MOUNT  VERNON 

Chapter  182,  Laws  of  1892 

An  act  to  incorporate  the  city  of  Mount  Vernon 

TITLE  XII 

OF  THE  SCHOOL  DISTRICT  AND  BOARD  OF  EDUCATION 
Section  229  All  the  territory  included  within  the  boundaries  of  the  city  of 
Mount  Vernon,  shall  hereafter  constitute  a  separate  school  district  within  this 
State,  and  shall  be  designated  as  "  the  school  district  of  the  city  of  Mount  Ver- 
non." Such  district  shall  be  entitled  to  all  the  rights,  powers,  privileges,  public 
moneys  and  other  benefits  conferred  by  law,  or  other  state  authority,  upon 
school  districts,  and  shall  be  subject  to  all  the  rules,  regulations,  powers  of  in- 
spection and  superintendence,  prescribed  by  law,  applicable  to  school  districts  in 
cities,  except  as  otherwise  hereinafter  prescribed.  (As  amended  by  L.  i8p4, 
ch.  10.) 

§  229a  The  affairs  of  said  school  district  of  the  city  of  Mount  Vernon  shall 
be  managed  by  a  board  composed  of  two  members  from  each  ward  of  said  city, 
and  a  president  at  large  to  be  elected  in  the  manner  in  this  act  provided,  which 
board  shall  be  known  and  designated  as  the  "  board  of  education  of  the  city  of 
Mount  Vernon."  Such  board,  and  its  successors,  shall  possess  all  the  powers 
conferred,  and  discharge  all  the  duties  imposed  by  this  act,  or  by  any  general 
law  of  this  State  relating  to  school  districts  in  cities,  or  relating  to  the  board 
of  education  of  such  district,  and  not  inconsistent  with  the  provisions  of  this  act. 
(As  added  by  L.  i8p4,  ch.  10.) 

§  229b  The  board  of  education  of  the  city  of  Mount  Vernon  shall  have  the 
power,  subject  to  the  provisions  of  this  act,  to  purchase,  take,  lease,  hold  or  im- 
prove any  real  or  personal  estate,  in  trust  for  said  school  district  of  said  city, 
for  the  support  and  maintenance  of  public  schools,  or  for  any  of  the  purposes 
of  education  in  said  city.  It  may  also  take,  by  gift,  grant,  bequest  or  devise, 
and  hold  any  real  or  personal  estate  in  trust  for  any  of  the  purposes  of  educa- 
tion, art,  or  the  purchase,  support  or  maintenance  of  public  libraries  in  said  city, 
upon  such  terms  as  may  be  prescribed  by  the  donor  or  donors  and  accepted  by 
said  board,  and  it  may  execute  any  trust  for  any  of  the  purposes  aforesaid,  and 
provide  for  the  proper  execution  thereof.  The  title  of  all  the  schoolhouses,  sites 
and  lots,  located  within  the  boundaries  of  the  city  of  INIount  Vernon,  and  per- 
sonal property  appertaining  to  the  schoolhouses  situated  within  said  city,  hereto- 
fore belonging  to  or  in  the  possession  of  school  districts  numbered  i,  2,  4  and  5, 
in  the  town  of  Eastche?ter,  shall  be  and  is  hereby  vested  in  the  school  district 
of  the  city  of  Mount  Vernon;  and  said  school  districts,  being  wholly  or  in  part 
within  the  boundaries  of  said  city,  are  each  dissolved ;  and  such  districts  or  por- 
tions thereof  as  are  within  the  boundaries  of  said  city  are  consolidated  and  con- 
stituted as  hereinbefore  provided,  into  the  school  district  of  the  city  of  Mount 

(192I 


EDUCATION    CODE  1 93 

\'ernon;  and  all  such  parts  or  portions  of  said  districts  as  are  not  within  the 
boundaries  of  said  city  shall  continue  to  remain  as  independent  and  separate 
school  districts,  as  though  this  act  had  not  been  passed,  until  they  may  be  an- 
nexed to  such  an  adjoining  district  in  said  town  of  Eastchester,  as  the  school 
commissioner  of  the  first  school  commissioner  district  of  the  county  of  West- 
chester may  designate,  subject  to  an  appeal  to  the  Superintendent  of  Public  In- 
struction of  this  State.  The  trustees  of  school  districts  numbers  i,  2,  4  and  5, 
of  the  town  of  Eastchester,  who  do  not  reside  in  said  city  of  Mount  Vernon, 
shall  continue  to  discharge  the  duties  of  their  respective  offices  during  the  re- 
mainder of  the  terms  thereof,  or  until  the  remaining  portions  of  such  district  or 
districts  are  annexed  to  and  form  a  part  of  some  other  district  in  said  town,  as 
hereinbefore  provided ;  and  said  trustees  residing  outside  of  said  city,  are  hereby 
empowered  to  fill  any  vacancy  or  vacancies  which  shall  occur  in  any  of  the  offices 
of  their  respective  boards  of  education  by  reason  of  this  act  until  the  next  regu- 
lar school  election  in  their  respective  districts,  when  such  vacancies  shall  be  filled 
by  election  for  the  balance  of  the  unexpired  term  of  such  respective  offices.  In 
the  event  of  any  portion  of  any  one  of  said  districts  i,  2,  4  or  5,  being  annexed 
to  any  other  portion  of  said  districts  lying  outside  of  said  city,  then  the  terms  of 
ofiice  of  all  the  trustees  of  such  districts  so  annexed  shall  cease  and  expire.  (As 
added  by  L.  i8p4,  ch.  lo.) 

%  229c  Immediately  following  the  passage  of  this  act,  the  county  judge  of 
Westchester  county,  by  designation  in  writing,  to  be  signed  by  him  and  filed  in 
the  office  of  the  city  clerk  of  said  city  of  Mount  Vernon,  shall  appoint  five  per- 
sons, who,  upon  such  appointment  shall  constitute  a  special  committee  to  take 
account  of  the  real  and  personal  property,  schoolhouses,  sites  and  lots,  held  in 
trust,  for  the  purpose  of  education,  by  the  trustees  or  board  of  education  of  the 
several  school  districts  herein  enumerated  at  the  time  of  the  consolidation  hereby 
prescribed ;  and  said  committee  shall  ascertain,  by  reference  to  the  report  of  the 
board  of  education  of  the  city  of  Mount  \'ernon,  as  hereinafter  directed  to  be 
made,  how  much  of  such  real  and  personal  property  subsequently  became  vested 
in  the  school  district  of  the  city  of  Mount  \'ernon  under  the  provisions  of  this 
act,  and  how  much  of  such  property  remains  outside  the  boundaries  of  the  city 
of  Mount  \'ernon,  and  in  the  possession  of  the  school  districts,  or  any  of  them, 
of  the  town  of  Eastchester.  Such  committee  shall  thereupon,  subject  to  the 
approval  of  the  Superintendent  of  Public  Instruction  of  this  State,  adjust  the 
values  of  such  property  equitably  among  the  school  districts  in  interest,  direct- 
ing what  sum  or  sums  of  money,  if  any,  are  to  be  paid  to  or  received  by  any  of 
the  school  districts  hereby  affected,  whether  of  the  towns  of  Eastchester,  or  of 
the  city  of  Mount  Vernon,  as  compensation  for  or  in  satisfaction  of  property 
transferred  or  acquired  under  the  provisions  of  this  act.  And  the  sum  or  sums 
of  money  so  directed  to  be  paid,  if  approved  by  the  Superintendent  of  Public 
Instruction  of  the  State,  shall  become  a  charge  against  the  school  district  or  dis- 
tricts found  indebted,  and  the  amount  assessed  shall  be  included  in  the  next  suc- 
ceeding  annual    statement   of    moneys    required,    submitted    by   the   trustees   or 


194  ■  I'HE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

boards  of  education  under  existing  laws  or  under  the  provisions  of  this  act,  and 
when  collected  shall  be  paid  over  to  the  treasurer  of  the  respective  school  dis- 
tricts which  may  be  entitled  thereto.      (As  added  bv  L.  1894,  ch.  to.) 

§  22gd  The  board  of  supervisors  of  Westchester  county  shall,  at  their  first 
annual  session  after  the  passage  of  this  act,  proceed  to  inquire  and  determine  the 
amount  of  uncollected  tax  for  school  purposes  that  was,  at  the  date  of  the  pas- 
sage of  this  act,  assessed  and  confirmed  against  the  real  property  in  the  terri- 
tory covered  by  the  several  school  districts  hereby  afifected.     Of  the  amount  so 
ascertained  the  said  board  shall  determine  how  much  should  be  equitably  paid  to 
the  school  district  of  the  city  of  Mount  Vernon  as  created  by  this  act,  and  how 
iuuch  to  such  of  the  school  districts  of  ihe  town  of  Eastchester  as  were  formerly 
parts  of  the  school  district  hereby  consolidated  and  made  the  school  district  of 
the  city  of  Mount  \'ernon.     In  determining  the  proportions  of  the  school  tax 
to  be  paid  as  aforesaid,  to  the  several  school  districts,  the  board  of  supervisors 
shall  be  governed  by  the  assejsed  valuation  of  property,  subject  to  school  tax, 
located  within  such  school  districts  as  they  existed  before  the  passage  of  this  act, 
and  the  proportion  of  school  tax,  uncollected  at  date  of  the  passage  of  this  act, 
to  be  paid  to  such  of  the  school  districts  of  the  town  of  Eastchester  as  were 
formerly  parts  of  the  school  districts  hereby  consolidated,  shall  bear  proportion 
to  the  assessed  valuation  of  real  property  in  such  school  districts  of  the  town  of 
Eastchester,  and  outside  the  boundaries  of  the  consolidated  school  district  of  the 
city  of  Alount  \'ernon.      (As  added  by  L.  1894,  ch.  to.) 

§  22ge  On  the  second  Tuesday  following  the  date  when  this  act  shall  take 
efifect,  the  members  of  the  board  of  education  of  union  free  school  districts  num- 
bers I,  2,  4  and  5  of  the  town  of  Eastchester,  then  residing  within  the  bounda- 
ries of  the  city  of  Mount  Vernon,  shall  assemble  at  the  Fifth  avenue  school- 
house,  situated  on  Fifth  avenue  near  Second  street  in  said  city,  at  eight  (8) 
p.  m.  of  that  day ;  and  such  of  their  number  as  shall  so  assemble  shall  then  and 
there  organize  by  the  election  of  one  of  their  number  as  president,  and  some 
suitable  person,  not  of  their  number  but  who  shall  be  a  resident  of  said  city,  as 
clerk,  who  shall,  by  virtue  of  his  office,  act  as  secretary,  and  keep  the  minutes 
of  said  board ;  and  thereupon  and  thereafter  such  members  of  said  board  of  edu- 
cation and  trustees  so  organized  shall  be  known  and  designated  as  and  shall  be- 
come and  be  and  possess  all  the  powers  and  discharge  all  the  duties  of  the 
"  board  of  education  of  the  city  of  Mount  Vernon,"  as  provided  by  this  act ; 
and  thereupon  the  terms  of  office  of  all  the  trustees  of  said  several  school  dis- 
tricts I,  2,  4  and  5  residing  in  said  city  shall  cease  and  expire. 

At  a  special  school  election  for  the  city  of  Mount  Vernon  to  be  held  within 
thirty  (30)  days  after  the  passage  of  this  act,  notice  of  which  shall  be  given 
by  said  board  of  education  of  the  city  of  Mount  Vernon,  as  hereinafter  provided, 
there  shall  be  elected,  by  the  persons  residing  within  said  city  qualified  to  vote  for 
school  officers  under  the  general  school  laws  of  this  state,  a  president  of  said 
board  of  education  of  the  city  of  Mount  Vernon,  who  shall  hold  office  for  the 
term  of   four  years.     And  also  at  such  special  election  there  shall  be  elected, 


EDUCATION    CODE  195 

by  the  persons  residing  in  the  respective  wards  of  said  city  who  shall  be. qualified 
under  the  general  school  laws  of  this  State  to  vote  for  school  officers,  two  mem- 
bers of  said  board  of  education,  to  be  known  as  trustees,  one  of  which  in  each 
ward  shall  be  elected  for  a  term  of  two  years,  and  the  other  for  a  term  of 
four  years ;  and  at  each  regular  school  election  thereafter  to  be  held,  as  herein- 
after provided,  there  shall  be  elected  one  member  of  said  board  of  education  in 
each  ward  of  said  city,  whose  term  of  office  shall  be  for  four  years,  in  place  of 
the  trustees  from  each  ward  whose  term  of  office  shall  next  thereafter  expire; 
and  at  each  alternate  regular  school  election  thereafter  to  be  held,  there  shall 
be  elected,  by  the  city  at  large,  a  president  of  said  board,  whose  term  of  office 
shall  be  four  years,  in  place  of  the  president  whose  term  of  office  shall  next 
thereafter  expire.  The  said  board  of  education  shall  designate  at  least  five 
polling  places  in  as  many  separate  wards  in  said  city,  as  the  polling  places  for 
holding  elections  for  school  officers,  and  the  particular  ward  for  which  each 
polling  place  shall  serve.  Notice  of  such  special  election,  and  of  all  subsequent 
elections  to  be  held  under  this  act,  shall  be  given  by  said  board  of  education 
of  the  city  of  Mount  Vernon,  by  a  notice  to  be  signed  by  its  president  and  clerk, 
which  shall  specify  the  time  of  holding  such  election  and  the  location  of  the 
several  polling  places,  and  the  ward  to  which  each  polling  place  is  assigned. 
It  shall  also  specify  the  number  and  office  of  members  of  said  board,  with  their 
respective  terms  of  office,  to  be  elected  thereat.  Such  notice  shall  be  published 
in  the  official  cit}'  newspapers  at  least  once  in  each  week  for  three  successive 
weeks  immediately  preceding  such  election.  The  inspectors  of  election  of  the 
several  election  districts,  wherein  such  polling  places  are  situated  respectively, 
and  who  are  authorized  to  hold  and  conduct  elections  in  said  city  at  the  time  of 
holding  such  school  elections,  shall  preside  and  hold  said  school. elections  in  their 
respective  districts.  The  clerk  of  said  board  of  education  shall,  at  least  tert 
days  before  the  date  of  such  school  elections,  notify  the  inspectors  of  election 
districts  in  which  polling  places  are  situated,  by  notice  mailed  to  each  of  them 
in  the  post  oftke  of  said  city,  of  every  such  election  and  the  polling  places 
designated  by  said  board.  The  inspectors  of  election  in  each  of  said  election 
districts  shall  preside  and  conduct  such  school  elections  at  the  places  in  their 
respective  districts  designated  as  aforesaid;  and  their  powers  and  duties  in 
respect  thereto  shall  be  determined  and  regulated  by  the  provisions  relating  to 
the  holding  of  the  annual  city  elections  for  city  officers,  except  as  modified 
by  this  act.  The  regular  election  for  school  officers  in  said  city,  under  this 
act,  after  said  first  election,  shall  be  held  on  the  first  Tuesday  of  June,  1896, 
and  biennially  thereafter  on  the  first  Tuesday  of  June  in  each  alternate  year. 
Said  first  election,  and  all  subsequent  elections  for  school  officers,  shall  be  opened 
at  three  o'clock  in  the  afternoon  and  shall  be  kept  open,  without  intermission  or 
adjournment,  until  nine  o'clock  in  the  evening,  when  the  same  shall  be  finally 
closed,  and  the  inspectors  of  election  shall  forthwith,  without  adjournment, 
canvass  all  votes  cast,  declare  and  make  duplicate  certificates  of  the  result, 
as  required  in  the  general  city's  elections,  and  file  such  duplicate  certificates  within 


li>6  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

twenty-four  hours  thereafter,  one  with  the  clerk  of  the  board  of  education 
of  said  city,  and  the  other  with  the  clerk  of  said  city.  At  such  elections  there 
shall  also  be  elected,  when  necessary,  in  the  respective  wards,  such  other  member 
of  the  board  of  education  as  required  to  fill  a  vacancy  that  may  have  occurred 
during  the  preceding  year,  the  member  so  elected  being  entitled  only  to  fill  the 
unexpired  term  of  the  member  who  may  have  resigned,  refused  to  serve,  died 
or  been  removed.  In  the  case  of  members  of  the  board  elected  to  fill  vacancies 
as  herein  described,  their  names  upon  the  ballots  to  be  voted  must  be  accompanied 

by  the  words :  "  To  fill  the  unexpired  term  of ,  resigned,"  or  "  refused 

to  serve,"  "  died  "  or  "  removed."  as  the  case  may  be.  The  members  of  the 
board  of  education  who  shall  be  elected  by  the  electors  of  the  respective  wards, 
under  the  provisions  of  this  section,  shall  be  residents  of  and  freeholders  in 
such  wards  during  their  respective  terms.  They  shall  receive  no  compensation 
for  their  services  as  members  of  such  board.     {As  added  by  L.  1S94,  ^h.  10.) 

vj  229/  On  the  day  following  the  first  school  election,  and  on  the  days  follow- 
ing the  regular  school  elections  to  be  held  under  this  act,  the  board  of  education 
of  said  city  shall  convene  at  eight  o'clock  in  the  evening,  at  its  usual  place  of 
meeting,  and  all  the  certificates  of  the  votes  cast  at  each  of  the  polling  places 
designated  as  aforesaid  shall  be  produced  and  said  board  of  education  shall 
forthwith  proceed  to  canvass  such  certificates,  declare  the  result  thereof,  and 
shall  cause  a  statement  of  the  whole  number  of  votes  cast  for  each  candidate 
to  be  entered  on  its  minutes,  shall  declare  those  persons  elected  who  have  the 
greatest  number  of  votes,  and  shall  immediately  thereafter  make  a  certificate  in 
writing  of  all  those  who  are  duly  elected,  to  be  signed  by  its  president  and  clerk, 
and  cause  the  same  to  be  filed  within  twenty-four  hours  in  the  office  of  the  city 
clerk,  and  it  shall  be  the  duty  of  the  city  clerk,  within  five  days  thereafter,  to 
notify  the  several  persons  so  duly  elected  of  their  election.  The  persons  so 
elected  shall,  within  fifteen  days  after  the  filing  of  such  certificate  of  election  as 
aforesaid,  take  the  constitutional  oath  of  office,  and  file  the  same  within  said  fif- 
teen days  in  the  office  of  the  city  clerk ;  and  every  person  who  neglects  within 
said  last  mentioned  period  to  take  and  file  said  oath  of  office  shall  be  deemed  to 
have  declined  the  office,  and  it  shall  be  vacant.     {As  added  by  L.  1894,  ch.  10.) 

§  229(7  The  term  of  office  of  each  school  officer  elected  under  the  provisions 
of  this  act  shall  commence  on  the  second  Monday  of  August  next  following  his 
election ;  and  on  the  second  Monday  of  August  next  following  the  passage  of 
this  act,  the  board  of  education  of  the  city  of  Mount  Vernon,  as  constituted  for 
the  preceding  year,  shall  be  dissolved  and  the  terms  of  office  of  all  the  trustees 
or  members  of  the  board  of  education  of  school  districts  i,  2,  4  and  5  of  the  town 
of  Eastchester,  then  residing  within  the  boundaries  of  the  city  of  Mount  X'ernon, 
shall  cease  and  expire,  and  the  persons  to  be  elected  at  said  first  school  election, 
after  duly  qualifying,  as  hereinbefore  provided,  and  their  successors  in  office, 
shall  thereafter  constitute  the  board  of  education  of  said  city.  A  majority  of 
the  trustees  of  said  board  of  education  shall  constitute  a  (|uorum..  In  the  pro- 
ceedings of  the  board  of  education  the  president  shall  preside  over  its  meetings ; 


EDUCATION    CODE  I97 

and  eacli  member  thereof  present  shall  have  a  vote  except  the  president,  who 
shall  have  only  a  casting  vote  when  the  votes  of  the  other  members  are  tied. 
Every  school  officer  shall  at  the  time  of  his  election  and  during  his  term  of  office 
be  a  resident  and  freeholder  of  the  city,  and  every  trustee  removing  from  the 
ward  from  which  he  was  elected,  and  every  school  officer  removing  from  the  city, 
shall  thereby  vacate  his  office.  All  school  property  located  within  the  bounda- 
ries of  said  city,  as  well  as  all  powers,  privileges  and  contracts  exercised  and  en- 
joyed by  and  all  duties,  obligations  and  liabilities  of  said  trustees  or  boards  of 
education  of  the  school  districts  herein  enumerated,  except  as  herein  provided, 
are  hereby  transferred  to,  vested  and  imposed  upon  said  board  of  education  of 
the  city  of  Mount  X'ernon.  constituted  and  organized  as  aforesaid ;  and  said 
board  shall  be  held  to  have  actual  possession  and  be  seized  of  all  such  property, 
rights  and  contracts,  in  trust  for  such  school  district  of  the  city  of  Mount  Ver- 
non, for  school  purposes  as  hereinbefore  provided ;  and  the  rights  and  privileges 
of  all  persons  or  parties  that  may  have  arisen  or  accrued  under,  pursuant  to,  or 
by  virtue  of  any  contract,  rule  or  regulation,  as  well  as  any  liability  that  may 
have  arisen  by  reason  thereof,  except  as  hereinafter  provided,  shall  remain  and 
be  in  force  by  or  against  said  board  of  education  of  the  city  of  Mount  Vernon 
and  their  successors,  in  the  same  manner  and  with  like  effect  as  might  have  been 
done  by  or  against  the  trustees  or  boards  of  education  of  said  school  districts, 
or  their  or  each  of  their  successors,  as  if  this  act  had  not  been  passed.  All  books 
of  record,  account  or  instruction,  and  all  documents  and  papers  of  whatever 
nature,  that  pertain  to  any  of  the  schools  within  the  boundaries  of  the  city  of 
Mount  Vernon,  and  are  in  possession  of  the  trustees  or  boards  of  education  of 
the  several  school  districts  herein  enumerated  at  the  time  of  the  passage  of  this 
act,  shall  be  turned  over  and  delivered  to  the  board  of  education  of  the  city  of 
Mount  V^ernon  upon  its  organization.      (As  added  by  L.  1SQ4,  ch.  10.) 

§  229/1  The  trustees  of  school  districts  numbers  i,  2,  4  and  5  of  the  town  of 
Eastchester  shall  make  out  and  deliver  to  the  board  of  education  hereby  created, 
at  the  first  meeting,  a  detailed  statement  of  their  several  districts,  showing  all 
the  school  property,  both  personal  and  real,  in  their  several  school  districts,  and 
the  estimated  value  thereof,  the  number  of  schoolhouses  in  their  districts,  the 
size  thereof  and  the  materials  of  which  the  same  are  built,  the  departments  into 
which  the  schools  are  divided,  and  the  average  attendance  of  each  school  and 
department,  the  number  of  volumes  in  each  school  library,  the  number  and 
names  of  the  teachers  employed  in  each,  their  rank  and  the  salaries  paid  to  each ; 
the  balance  on  hand  at  the  time  of  their  last  annual  report,  the  amount  of  money 
ordered  to  be  raised  at  the  last  annual  meeting  of  the  district,  and  the  purposes 
for  which  it  was  appropriated;  the  receipts  and  expenditures  of  said  trustees 
since  said  last  annual  meeting ;  the  amount  of  money  due  and  owing  to  the  dis- 
trict, the  amount  of  indebtedness  of  the  district,  and  such  other  facts  as  they 
may  deem  necessary  to  make  a  full  and  complete  statement  of  the  condition  of 
the  schools  in  their  several  districts.  Immediately  upon  the  organization  of  the 
board  of  education  of  the  city  of  Mount  Vernon,  as  hereinbefore  prescribed, 
said  board  shall  proceed  to  the  discharge  of  its  appropriate  duties.     It  shall  pro- 


igS  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

vide  and  appoint  a  place  for  its  further  meetings,  which  shall  be  held  as  often 
as  once  in  each  calendar  month.  It  shall  adopt  proper  rules  and  regulations  for 
such  meetings  and  the  dispatch  of  its  business,  and  for  the  appointment  of  such 
committees  as  it  may  deem  advisable.  It  shall  appoint  a  clerk,  as  hereinbefore 
provided,  who  shall  hold  office  during  the  pleasure  of  the  board,  and  whose  com- 
pensation shall  be  fixed  by  such  board.  The  clerk  shall  keep  an  accurate  record 
of  the  proceedings  of  said  board,  and  shall  perform  such  other  duties  as  the 
board  may  prescribe.  Said  board  shall,  within  fifteen  days  after  its  first  organ- 
ization, prepare  a  report  of  the  real  and  personal  property  acquired  by  it  under 
the  provisions  of  this  act,  specifying  the  location  and  approximate  value  thereof, 
which  report  shall  be  transmitted  to  the  special  committee  directed  to  be  ap- 
pointed in  section  22gc  of  this  act.  Said  board  of  education  shall  also  proceed 
to  make,  and  as  soon  as  practicable  complete,  a  statement  and  account  of  all  the 
funds  in  hand,  collected  or  in  process  of  collection,  in  each  of  the  school  districts 
consolidated  under  this  act,  with  the  proportion  thereof  that  should  come  into 
the  possession  of  the  said  board  by  virtue  of  this  act;  and  all  of  the  debts  and 
liabilities  owing,  contracted  or  incurred  by  each  of  said  districts,  showing  the 
proportion  thereof  that  should  become  a  charge  against  the  school  district  of 
the  city  of  Mount  Vernon.  Copies  of  such  statement  shall  be  transmitted  to  the 
common  council  of  the  city  of  Mount  X^ernon,  the  said  special  committee  created 
as  above  provided,  and  the  Superintendent  of  Public  Instruction  of  this  State. 
Said  board  shall  proceed  to  collect  such  outstanding  accounts  as  pertain  to  the 
schools  or  school  property  within  the  boundaries  of  the  city  of  Mount  Vernon, 
and  such  portion  of  the  outstanding  school  tax  as  the  board  of  supervisors  of 
Westchester  county  shall,  under  the  provision  of  this  act,  apportion  to  said  school 
district  of  the  city  of  Mount  Vernon.  Said  board  of  education  shall  also  pro- 
ceed to  settle  and  liquidate  the  debts  and  liabilities  of  said  districts  that  have 
been  or  incurred  upon  or  on  account  of  the  schools  or  school  properties  located 
within  the  boundaries  of  the  city  of  Mount  Vernon ;  and  such  debts  and  liabili- 
ties of  said  school  districts  as  pertain  to  or  have  been  incurred  upon  or  on  ac- 
count of  schools  or  school  properties  remaining  outside  the  boundaries  of  the 
city  of  Mount  Vernon,  shall  be  apportioned  as  charges  against  the  school  dis- 
tricts of  the  town  of  Eastchester  that  may  be  formed  from  the  parts  or  portions 
of  school  districts  hereinbefore  enumerated,  by  the  school  commissioner  of  the 
first  school  commissioner's  district  of  Westchester  county,  under  the  provisions 
of  section  229^.     (As  added  by  L.  18^4,  ch.  10. ) 

§  229?  Subject  to  the  provisions  of  this  act,  the  board  of  education  of  the  city 
of  Mount  Vernon  shall  have  power,  and  it  shall  be  its  duty 

1  To  establish  and  organize,  in  said  city,  such  and  so  many  free  schools,  in- 
cluding night  schools,  as  said  board  shall  deem  requisite  and  expedient,  and  to 
change  or  discontinue  the  same  at  its  discretion. 

2  To  establish  and  maintain,  whenever  it  shall  be  deemed  expedient  so  to  do. 
within  the  limits  of  the  school  districts  hereby  created,  a  high  school,  to  which 
graduates  from  the  free  schools  of  said  district  shall  be  admitted  for  a  course  of 
instruction  to  be  regulated  by  the  board  of  education. 


EDUCATION    CODE  I99 

3  To  organize,  establish  and  maintain  school  saving  banks,  under  the  authority 
of.  and  in  conformity  with,  any  general  law  of  the  State  in  regard  to  such  or 
similar  institutions. 

4  To  purchase  or  hire,  sell  or  dispose  of,  schoolhouses,  lots  or  sites ;  to  alter, 
improve  and  repair  schoolhouses  and  appurtenances  as  may  be  deemed  advisable. 

5  To  purchase,  exchange,  improve  and  repair  school  apparatus,  books,  furni- 
ture and  appendages,  and  to  defray  the  necessary  expense  attending  the  same. 

6  To  have  the  custody  and  safekeeping  of  the  school  buildings,  lots,  outhouses, 
books,  furniture  and  appendages,  and  to  see  that  the  ordinances  and  by-laws  of 
said  city  in  regard  thereto  are  enforced,  and  any  violation  thereof  punished. 

7  To  contract  with  and  employ  a  superintendent  of  instruction  for  said  city, 
and  fix  his  compensation ;  to  contract  with  and  employ  all  necessary  teachers  for 
the  schools  of  the  city,  and  at  pleasure  to  remove  them  or  any  of  them,  or  the 
superintendent  of  instruction,  under  such  rules  and  regulations  as  may  be  estab- 
lished by  law,  or  by  the  Department  of  Public  Instruction  of  the  State.  And 
nothing  in  section  229^7  of  this  act  shall  be  construed  to  prevent  the  exercise  of 
the  power  hereby  conferred  upon  the  board  of  education. 

8  To  pay  the  salaries  of  superintendent  and  teachers  out  of  any  moneys  appro- 
priated or  provided  by  law  for  that  purpose. 

9  To  defray  the  necessary  contingent  expenses  of  the  board  and  district,  in- 
cluding the  wages  of  clerk,  janitors  and  other  assistants  and  employees,  and  inci- 
dental expenses. 

10  To  expend  all  moneys  raised  by  virtue  of  this  act,  or  which  may  have  been 
previously  raised  by  any  of  the  districts  consolidated  hereby,  for  purchasing  sites, 
erecting  or  enlarging  schoolhouses,  or  for  other  purposes,  in  such  manner  as  may 
be  deemed  advisable,  but  only  for  the  purpose  for  which  the  same  was  raised; 
and  the  expenditures  herein  directed  apply  only  to  school  property  located  within 
the  boundaries  of  the  city  of  Mount  Vernon,  outside  which  the  board  of  educa- 
tion hereby  created  has  neither  authority  nor  jurisdiction. 

11  To  take  and  appropriate  land  and  other  real  property  within  said  city  for 
school  purposes,  when  authorized  so  to  do,  upon  making  compensation  therefor, 
in  the  same  manner  and  under  the  same  proceedings  as  prescribed  and  conferred 
upon  the  common  council  of  the  city  of  Mount  \'ernon.  in  the  matter  of  improve- 
ments, by  section  170.  of  title  7  of  chapter  182,  of  the  Laws  of  1892. 

12  To  license  all  teachers  employed  in  the  schools  thereof  in  the  same  manner 
and  with  like  effect  in  said  city  as  school  commissioners  of  counties.  (As 
amended  by  L.  i8pj,  ch.  i8p.) 

13  To  have,  to  the  exclusion  of  all  boards  and  otficers.  except  the  Regents  of 
the  University  and  the  Superintendent  of  Public  Instruction  of  the  State,  the 
entire  supervision  and  management  of  the  public  schools  of  said  city,  and  the 
right,  from  time  to  time,  to  adopt,  alter,  modify  or  repeal,  as  may  be  deemed  ex- 
pedient, rules  and  regulations  for  their  organization,  government  and  instruction 
for  the  reception  of  pupils  and  their  transfer  from  one  schoolroom  or  schoolhouse 
to  another,  for  their  advancement  from  class  to  class,  as  their  degree  of  scholar- 


200  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

ship  shall  warrant,  and  generally  for  the  promotion  of  the  good  order  and  pros- 
perity of  said  schools.      (As  amended  by  L.  iSg^,  ch.  iSo.) 

14  To  allow  the  children  of  persons  nonresident  within  the  city  to  attend  any 
'^f  the  schools  therein  under  the  control  of  said  board,  upon  such  terms  as  said 
board  mny  prescribe. 

15  To  establish  and  maintain  a  free  public  library,  and  to  provide  suitable 
rooms  tiierefor.  to  employ  and  pay  a  librarian  and  assistants  to  have  the  care 
and  supervision  of  the  books  and  other  publications  belonging  thereto,  and  super- 
vise the  letting  out  and  return  thereof.  To  exercise  the  same  discretion  as  to  the 
disposition  of  the  moneys  provided  by  law  for  the  purpose  of  libraries,  as  is  con- 
ferred upon  the  inhabitants  of  school  districts.  (As  amended  by  L,  i8p6,  ch. 
146.) 

16  Except  as  otherwise  provided  by  this  act,  to  exercise  all  the  powers  con- 
ferred upon  the  inhabitants  of  school  districts  at  school  district  meetings. 

17  Except  as  otherwise  provided  by  this  act,  to  exercise  all  the  powers  con- 
ferred, and  all  the  duties  imposed,  by  the  general  laws  of  this  State,  applicable  to 
boards  of  education  in  cities.  The  records  of  the  proceedings  of  said  board,  or 
a  transcript  thereof,  certified  by  its  president  and  clerk,  shall  be  received  in  all 
courts  or  places  as  prima  facie  evidence  of  the  facts  therein  stated.  {As  added 
by  L.  i8g4,  ch.  10.) 

§  229;  Said  board  shall,  on  or  before  the  ist  day  of  April  in  each  year,  present 
to  the  mayor,  or  acting  mayor,  of  the  city  of  Mount  Vernon,  a  statement  of  such 
moneys  as  it  may  deem  necessary  for  each  of  the  following  purposes  until  the 
next  annual  statement,  namely  : 

1  For  wages  of  superintendent  and  teachers,  after  applying  such  of  the  public 
school  and  other  moneys  as  may  be  applicable  thereto. 

2  For  the  maintenance  of  a  high  school,  and  the  payment  of  the  teachers 
thereof  after  applying  such  of  the  public  school  and  other  moneys  as  may  be 
applicable  thereto. 

3  For  the  repair  of  schoolhouses,  outhouses  and  grounds  with  their  appen- 
dages and  appurtenances. 

4  For  the  purchase,  repair  or  improvement  of  school  apparatus,  books,  furni- 
ture and  fixtures. 

5  For  the  purchase,  maintenance  and  care  of  the  free  public  library  and  of  the 
school  and  academic  libraries,  but  not  to  exceed  fifteen  thousand  dollars  in  any 
one  year. 

6  For  the  rent  of  schoolhouses  and  rooms  for  school  purposes,  the  purchase  of 
fuel  and  lights,  and  to  pay  the  contingent  expenses  of  the  district,  including  the 
wages  of  clerk,  janitors,  and  other  assistants  and  employees,  and  incidental  ex- 
penses. 

7  For  such  other  purposes  as  required  by  the  provisions  of  this  act. 

If  the  mayor  or  acting  mayor  approves  such  statement,  he  shall  sign  it,  and 
immediately  file  the  same  with  the  city  clerk ;  if  he  does  not  approve  any  item 
therein  he  shall,  within  two  days,  return  the  statement,  with  his  objections  in- 
dorsed thereon  or  annexed  thereto,  to  the  president  or  clerk  of  the  board  of  edu- 


EDUCATION    CODE  201 

cation.  Said  board  shall  then  proceed  to  reconsider  such  statement,  and  if  three- 
fifths  of  all  the  members  then  in  office  agree  to  sustain  the  statement  as  made,  it 
shall  stand  as  if  it  had  been  approved  by  the  mayor,  and  shall  be  immediately 
filed  with  the  city  clerk.  If  three-fifths  of  the  members  of  said  board  do  not 
agree  to  sustain  the  statement  as  made,  it  shall  be  modified  so  as  to  conform  to  the 
views  expressed  by  the  mayor  in  his  objections,  and  he  shall  then  sign  it  and 
file  it  with  the  city  clerk.  If  the  mayor  or  acting  mayor  fails  to  sign  a  statement 
of  moneys  required,  as  herein  provided,  or  fails  to  return  such  statement,  with 
his  objections  thereto,  to  the  board  of  education,  within  two  days  after  its  sub- 
mission, said  statement  shall  be  filed  with  the  city  clerk  in  the  same  manner  as 
if  it  had  been  approved.  When  such  statement  is  filed  with  the  city  clerk,  the 
common  council  of  said  city  shall  include  the  amount  therein  called  for  in  the 
annual  tax  and  assessment  roll  for  that  year,  and  the  amount  so  certified  shall 
be  collected  and  paid  to  the  city  treasurer  who  will  credit  it  to  the  general 
school  fund  of  the  board  of  education.  All  public  moneys  or  public  funds  be- 
longing or  appropriated  to  the  use  of  said  district  shall  be  paid  to  the  treasurer  of 
said  city,  who  shall  keep  the  same  separate  from  the  general  funds  of  the  city,  and 
shall  credit  to  the  school  fund  the  moneys  or  property  belonging  thereto.  The 
board  of  education  shall  disburse  all  the  funds  of  said  district  by  orders  upon 
the  treasurer,  signed  by  its  clerk  and  countersigned  by  its  president.  Said  orders 
shall  be  numbered  consecutively,  and  shall  specify  the  purpose  for  which  they 
are  drawn  and  the  person  to  whom  payable.  Upon  the  request  from  said  board 
the  treasurer  shall  certify,  from  time  to  time,  the  balance  remaining  to  the 
credit  of  said  school  fund.  Whenever  any  moneys  are  collected  by  or  paid  to 
the  city  treasurer  for  school  purposes,  it  shall  not  be  lawful  for  said  treasurer 
to  apply  such  money,  or  any  part  thereof,  to  any  other  purpose  or  object.  (As 
added  by  L.  1894,  ch.  10,  and  amended  by  L.  i8p6,  ch.  146;  L.  1901,  ch.  28 f,;  L. 
190s,  ch.  46;  L.  iQoy,  ch.  165;  L.  iqio,  ch.  49;  L.  1911,  ch.  7/.) 

§  22()k  When  the  board  of  education  shall  determine  by  resolution  that  it 
is  necessary  to  purchase  any  site  or  addition  to  any  site  for  a  schoolhouse  or 
playground  or  to  erect  any  school  building  or  enlarge,  alter  or  improve  any 
school  building  already  erected,  it  shall  specify  in  such  resolution  the  ward  within 
which  each  of  such  sites  is  to  be  purchased  and  each  of  such  buildings  is  to  be 
erected,  enlarged,  altered  or  improved  and  the  particular  sum  required  for  each 
separately.  The  said  board  of  education  shall  thereupon  give  notice  that  a  special 
election  will  be  held  in  said  city  of  Mount  Vernon  on  such  a  day  as  the  said 
board  of  education  shall  fix  and  determine.  Such  notice  shall  be  signed  by  the 
president  and  clerk  of  the  said  board  of  education  and  shall  specify  the  time 
of  holding  said  election.  It  shall  also  specify  the  location  of  the  several  polling 
places  of  which  there  must  be  at  least  one  in  each  ward  of  said  city,  and  it  shall 
also  specify  the  ward  in  which  such  polling  place  is  located.  The  said 
polling  places  shall  be  fixed  and  designated  by  a  resolution  of  the  said 
board  of  education.  The  said  notice  of  election  shall  be  published  in 
the  official  city  newspapers  at  least  once  in  each  week  for  two  suc- 
cessive weeks  preceding  such  election.     The  inspectors  of  election  of  the  several 


202  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

election  districts  of  said  city  wherein  said  polling  places  are  situated  respectively 
and  who  are  authorized  to  hold  and  conduct  elections  in  said  city  at  the  time 
)f  holding  any  election  provided  for  in  this  section  shall  preside  at  and  hold 
said  elections  in  their  respective  districts  at  the  places  in  their  respective  dis- 
tricts designated  as  aforesaid.     Their  powers  and  duties  in  respect  thereto  shall 
be  determined  and  regulated  by  the  provisions  relating  to  the  holding  of  elec- 
tions for  city  officers  in  said  city  of  Mount  Vernon  except  as  modified  by  this 
act.     The  clerk  of  the  said  board  of  education  shall  at  least  ten  days  before  the 
date  of  any  such  election  notify  the  inspectors  of  election  of  the  election  districts 
in  which  said  polling  places   are   situated   by  notice  mailed   to   each   of   them  in 
the  postoffice  of  said  city,  of  every  such  election  and  the  polling  places  therefor 
designated  by  the  said  board  of  education.     The  polls  shall  be  opened  at  three 
o'clock  in  the  afternoon  and  shall  be  kept  open,  without  intermission  or  adjourn- 
ment until  nine  o'clock  in  the  evening,  when  the  same  shall  be  finally  closed. 
The  said  inspectors  of  election  shall  forthwith,  without  adjournment  canvass  all 
the  votes  or  ballots  cast,  declare  the  result,  and  make  duplicate  certificates  of 
the  same  in  the  manner  required  in  the  elections  for  city  officers  in  said  city  and 
file  such  duplicate  certificates  within  twenty-four  hours  thereafter,  one  with  the 
clerk  of  the  said  board  of  education  and  the  other  with  the  clerk  of  said  city. 
The  board  of  education  shall  provide  and  deliver  to  the  said  inspectors  of  elec- 
tion at  each  of  the  said  polling  places  before  the  opening  of  the  polls  sufficient 
printed  ballots  for  the  use  of  the  electors,  which  shall  be  indorsed  "  school  tax," 
and  shall,  as  the  same  are  voted  be  deposited  in  a  ballot  box  provided  therefor 
and  marked  "  school  tax."     Upon  the  inside  of  such  ballot  shall  be  printed  the 
several  items  or  objects  to  be  voted  for,  with  the  words  "  for  "  and  "  against  " 
at  the  beginning  of  each  item.     Each  elector  shall  indicate  his  vote  as  to  each 
of  said  items  by  erasing  or  drawing  a  mark  through  the  one  or  the  other  of  said 
words  "  for  "  or  *'  against."     The  inspectors  shall  canvass  the  said  votes,  and 
make  a  statement  thereof  in  respect  to  each  item  voted  upon,  and  immediately 
file  the  same  with  the  clerk  of  the  board  of  education.     Within  three  days  fol- 
lowing such  election  the  board  of  education  shall  convene  at  its  usual  place  of 
meeting,  at  half  past  seven  o'clock  in  the  evening,  and  the  statement  from  each 
polling  place  shall  be  produced,  and  the  board  shall  forthwith  declare  and  make 
a  certificate  in  writing  of  the  result.     In  case  a  majority  of  the  votes  cast  be  in 
favor  of  any  said  taxes,  the  board  of  education  shall  have  authority  to  borrow, 
upon  the  faith  and  credit  of  said  city,  the  aggregate  of  the  items  having  such 
majority,  or  any  part  tiiereof,  at  any  time  before  and  until  the  same  can  be  pro- 
vided for  according  to  law.     In  case  the  sum  or  sums  so  authorized  to  be  raised 
shall  exceed  the  sum  of  five  thousand  dollars,  the  board  of  education  shall  issue 
bonds  of  the  city  of  Mount  X'ernon  or  other  evidence  of  indebtedness  in  such 
form  as  it  may  prescribe  for  the  amount  of  such  sum  or  sums  at  a  rate  of  inter- 
est not  exceeding  five  per  centum  per  annum,  and  payable  at  such  times  as  the 
said  board  of  education  shall  fix  or  determine.     The  said  bonds  shall  be  exempt 


EDUCATION    CODE  203 

from  taxation.  Said  bonds  or  any  part  thereof  may  be  sold  by  the  said  board 
of  education  in  such  manner  as  it  may  deem  best,  but  at  not  less  than  the  par 
value  thereof.  The  board  of  education  shall,  on  or  before  the  ist  day  of  May 
in  each  year,  tile  with  the  city  clerk  a  statement  of  the  amount  necessary  to  be 
raised  to  pay  the  interest  and  principal  that  will  become  due  during  the  ensuing 
year  upon  the  bonds  or  obligations  so  issued  by  said  board,  and  the  common 
council  shall  include  the  same  in  the  annual  city  tax  and  assessment  roll  for  that 
year.  Such  amount  shall  be  collected  and  paid  to  the  city  treasurer,  and  by  him 
credited  to  the  *'  loan  fund."  This  act  shall  not  be  construed  to  affect  any  obli- 
gation made  prior  to  the  passage  of  this  act.  The  board  of  education,  after  com- 
])leting  the  work  or  other  objects  for  which  the  said  money  may  have  been  raised, 
may  apply  any  unexpended  balance  that  may  remain  to  any  object  authorized  or 
contemplated  by  this  act.  {.^s  added  by  L.  1894,  ch.  10,  and  amended  L.  i8g6,  ch. 
146;  L.  1901,  ch.  4yy.  L.  ipoS,  ch.  5/.) 

§  229/  It  shall  be  the  duty  of  the  board  of  education,  at  least  thirty  days  before 
the  annual  city  election  for  city  officers  in  each  year,  to  make  to  the  mayor  and 
common  council  of  the  city  a  detailed  report  of  the  manner  in  which  it  shall  have 
expended  the  money  provided  for  and  appropriated  to  school  purposes  from  any 
source  during  the  last  fiscal  year  of  the  said  board  of  education ;  also  a  full 
statement  of  the  bonded  or  other  indebtedness  of  the  district,  and  such  report 
shall  be  published  by  the  common  council  in  connection  with,  and  as  a  part  of, 
the  annual  report  of  the  financial  transactions  of  the  city  which  they  are  required 
by  law  to  have  printed  and  circulated.  Said  board  of  education  shall  also  make 
report  to  the  Superintendent  of  Public  Instruction  of  the  State,  and  such  re- 
ports shall  be  made  in  the  manner  and  at  such  times  as  he  may  direct.  (As 
added  by  L.  i8p4,  ch.  10.) 

^  22C]n  It  shall  be  the  duty  of  the  Superintendent  of  Public  Instruction  of 
this  State  to  apportion  for  the  use  of  the  said  board  of  education  of  the  city  of 
Mount  Vernon  such  portions  of  the  school,  library  and  other  pubHc  money  as  it 
shall  be  entitled  to  by  its  annual  report,  in  the  same  manner  in  which  such 
moneys  are  apportioned  to  cities,  and  the  amounts  to  which  it  shall  be  so  en- 
titled shall  be  certified  to  the  county  treasurer  of  Westchester  county.  The  said 
county  treasurer  of  Westchester  county  shall  pay  over  to  the  treasurer  of  the 
city  of  Mount  Vernon,  for  the  use  of  the  board  of  education  of  said  city,  such 
proportion  of  the  school,  library  and  other  public  money  as  may  be  apportioned 
by  law  or  by  the  Superintendent  of  Public  Instruction  of  the  State  to  the  board 
of  education  of  the  city  of  Mount  Vernon,  for  teachers'  wages,  library  and  other 
school  purposes.     (As  added  by  L.  1894,  ch.  10.) 

§  229;/  The  common  council  of  the  city  of  Mount  Vernon  shall  have  the 
power,  and  it  shall  be  its  duty,  to  pass  such  ordinances  and  by-laws  as  the  board 
of  education  of  said  city  shall  report  necessary  for  the  protection,  safekeeping, 
care  and  preservation  of  the  school  buildings  and  other  school  property  of  said 
district,  and  to  impose  such  penalties  for  the  violation  of  the  same  as  it  shall 
deem  proper.     [^Is  added  by  L.  1891,  ch.  10.) 


204  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

§  2290  Charges  of  misconduct  or  violation  or  neglect  of  duty  on  the  part  of 
any  member  of  the  board  of  education,  may  be  presented  to  said  board,  by  any 
member  thereof,  or  by  any  elector  of  Mount  Vernon,  and  such  charges  shall  be 
duly  examined  by  said  board,  at  a  regular  or  special  meeting,  of  which  the  ac- 
cused member  shall  have  at  least  five  days'  notice,  but  at  which  meeting  said  ac- 
cused member  shall  not  be  entitled  to  vote.  If  at  such  meeting,  after  hearing 
the  evidence  on  both  sides,  said  board  shall  deem  the  charges  against  the  mem- 
ber sustained,  then  all  the  papers  and  documents  in  the  case,  with  a  transcript  of 
the  proceedings  of  the  meeting,  shall  be  transmitted  by  the  clerk  of  the  board 
of  education  to  the  Superintendent  of  Public  Instruction  of  the  State,  and,  upon 
his  approval  of  the  findings  of  the  board,  the  accused  member  shall  be  removed 
and  his  place  deemed  vacant.  All  vacancies  in  the  board  of  education,  occasioned 
by  the  resignation,  refusal  to  serve,  death  or  removal  of  any  of  its  members,  shall 
be  filled  by  appointment  by  said  board  until  the  next  regular  school  election, 
when  the  residue  of  the  term,  if  any,  shall  be  filled  by  election,  as  hereinbefore 
prescribed.     (As  added  by  L.  1S94,  ch.  jo.) 

§  229/?  The  superintendent  of  instruction  of  the  city  of  Mount  Vernon  shall 
confer  with  and  act  under  the  direction  of  the  board  of  education  of  said  city  in 
performing  the  duties  of  his  office.  He  shall,  subject  to  the  direction  of  said 
board,  have  general  control  and  supervision  of  the  public  schools,  and  the  teachers 
thereof,  in  said  city,  and  shall,  on  or  before  the  15th  day  of  April  each  year,  re- 
port in  writing  to  the  board  of  education  as  follows : 

1  The  whole  number  of  schools  within  the  jurisdiction  of  the  board  of  edu- 
cation, and  their  sanitary  condition. 

2  The  repairs  or  alterations,  if  any,  that  are  necessary  for  such  schools. 

3  The  condition  of  the  school  furniture,  apparatus  and  books,  in  the  several 
schools,  and  the  repairs  and  additions  thereto  that  may  be  necessary. 

4  The  number  of  teachers  employed  in  the  several  schools,  and  their  efficiency, 
with  suggestions  as  to  the  increase  or  decrease  in  the  number  thereof. 

5  The  number  of  pupils  registered  at  each  school,  and  the  average  daily  at- 
tendance. 

6  Such  changes  in  the  curriculum  of  any  or  all  of  the  schools  as  he  may  deem 
advisable. 

7  As  to  the  condition  and  management  of  the  high  school,  if  one  shall  have 
been  established. 

8  Such  other  information  in  relation  to  the  city  schools  as  may  be  of  interest 
to  the  people  of  Mount  Vernon.     {As  added  by  L.  1S04,  ch.  10.) 

^  22(jq  The  said  consolidated  district  shall  be  deemed  and  is  hereby  declared 
to  be  a  union  free  school  district  under  the  laws  of  this  State  relating  to  public 
instruction.  All  provisions  of  law,  not  inconsistent  with  the  provisions  of  this 
act,  applicable  to  school  districts  whose  limits  correspond  with  any  incorporated 
city,  and  the  boards  of  education  therein,  and  the  corporate  authority  of  such 
cities,  are  made  applicable  to  the  school  districts  hereby  consolidated  and  estab- 
lished, and  to  the  board  of  education  thereof,  and  to  the  corporate  authorities  of 
the  city  of  Mount  Vernon.     {As  added  by  L.  18^4,  ch.  10.) 


EDUCATION    CODE  205 

§  22C)r  It  shall  be  the  duty  of  the  supervisors  and  town  clerk  of  the  town  of 
Eastchester  forthwith  after  the  passage  of  this  act  to  sell,  assign  and  transfer 
to  the  city  of  Mount  \'ernon,  for  a  nominal  consideration,  all  tax  leases  and  cer- 
tificates of  sale  now  held  by  said  town  for  nonpayment  of  any  school  taxes,  af- 
fecting any  lot,  piece  or  parcel  of  land  within  the  corporate  limits  of  the  said 
city  upon  payment  by  said  city  to  said  supervisor  for  the  benefit  of  said  town  of 
the  actual  expenses  incurred  by  said  town  in  publishing  notice  of  such  sales ;  and 
for  making,  executing  and  delivering  to  the  said  city  the  assignment  of  such  tax 
leases  and  certificates  the  town  clerk  shall  be  entitled  to  demand  and  receive 
from  the  said  city,  as  compensation  for  his  services  in  lieu  of  all  fees,  the  sum 
of  fifty  ($50)  dollars.  In  making  the  property  adjustment  with  the  several  school 
districts  of  the  said  town  of  Eastchester,  portions  of  whose  limits  are  without  the 
said  city,  as  hereinbefore  provided  for,  the  said  city  shall  be  deemed  indebted  to 
each  of  said  districts  for  the  amount  of  all  school  taxes  and  interest  thereon,  in- 
cluded in  any  such  tax  leases  and  certificates  of  sale  for  nonpayment  of  taxes, 
affecting  any  lot,  piece  or  parcel  of  land  within  the  corporate  limits  of  the  said 
city  and  of  such  districts,  which  several  taxes  shall  not  have  been  previously  paid 
by  the  said  town  or  its  supervisors  to  said  district;  and  such  indebtedness  on  the 
part  of  such  city  to  such  district  shall  in  the  adjustment  aforesaid  be  deemed 
and  taken  to  be  an  asset  of  said  district.     (As  added  by  L.  1894,  ^^^-  ^^•) 

^  22gs  The  common  council  of  said  city  of  Mount  Vernon  may  from  time 
to  time  issue  bonds  of  the  city  of  Mount  \'ernon.  to  be  known  as  "  School  tax 
relief  bonds,"  signed  and  sealed  in  the  same  manner  as  other  bonds  of  the  said 
city  and  to  bear  such  interest  not  exceeding  the  legal  rate  as  the  common  council 
shall  prescribe,  provided,  however,  that  no  such  bonds  shall  be  issued  in  excess 
of  the  amount  of  taxes  remaining  unpaid  for  the  collection  of  which  warrants 
have  been  issued.  Such  bonds  shall  be  in  such  denominations  and  mature  at  such 
times,  not  exceeding  three  years  from  their  date,  as  the  common  council  may 
prescribe.  The  common  council  shall  convert  such  bonds  into  money  at  not  less 
than  their  par  value  or  obtain  temporary  loans  upon  the  same.  When  the  amount 
of  such  bonds  outstanding  shall  be  equal  to  the  amount  of  school  taxes  remain- 
ing unpaid,  the  common  council  shall  cause  all  moneys  received  for  unpaid  taxes 
and  interest  on  the  same  to  be  held  exclusively  for  the  payment  of  such  bonds 
and  the  interest  thereon.    (As  added  by  L.  iSqj,  ch.  i8g.) 

S  22gt  The  Mount  \'ernon  Public  School  Teachers  Retirement  Fund  Associ- 
ation is  hereby  established.  The  following  shall  be  members :  ( i )  any  superin- 
tendent, supervisor,  principal,  teacher,  registrar,  janitor,  or  other  employee  of 
the  board  of  education  of  the  city  of  Mount  \'ernon,  who  shall  have  voluntarily 
joined  said  association  within  one  month  after  the  original  passage  of  this  act; 
(2)  any  of  the  above  classes  of  employees  of  the  board  of  education  of  the  city 
of  Mount  Vernon,  who  at  a  subsequent  period,  but  before  the  adoption  of  the 
amendment  herein  incorporated,  voluntarily  joined  said  association  upon  the 
payment  of  back  dues;  (3)  any  of  the  above  classes,  in  the  employment  of  said 
board  of  education  previous  to  the  adoption  of  this  amendment,  who  shall  vol- 


206  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

untarily  join  said  association  within  one  month  after  this  act  takes  effect,  being 
excused  from  the  payment  of  back  dues;  (4)  any  superintendent,  supervisor, 
principal,  teacher,  registrar,  janitor,  or  other  employee,  who  shall  for  the  first 
time  enter  into  a  contract  with  said  board  of  education  after  this  act  takes  effect ; 
and  for  such  person's  membership  in  this  association  shall  be  a  stated  condition 
in  their  several  contracts.  All  members  of  said  teachers  retirement  fund  asso- 
ciation shall  be  considered  members  of  said  association  during  their  term  of  em- 
ployment in  the  public  schools  of  the  city  of  Mount  Vernon.  The  board  of  edu- 
cation shall  constitute  a  board  of  trustees  who  shall  have  the  general  care  and 
management  of  the  public  school  teachers  retirement  fund  created  by  this  act. 
The  public  school  teachers  retirement  fund  shall  consist  of  the  following  moneys 
with  the  interest  or  income  therefrom. 

a  All  donations,  legacies  and  gifts  which  shall  be  made  to  the  said  fund. 

b  One  per  centum  per  annum  of  the  respective  salaries  paid  to  the  employees 
of  the  board  of  education  of  the  city  of  Mount  Vernon,  who  are  or  shall  hereafter 
become,  under  any  of  the  above  provisions,  members  of  this  association. 

c  A  sum  of  money  annually  hereafter,  equal  to  but  not  greater  than  five  per 
centum  of  all  excise  moneys  (after  deducting  rebates  or  returns),  received  by 
the  city  of  Mount  Vernon  under  or  by  virtue  of  any  of  the  provisions  of  the 
liquor  tax  law  of  the  State  of  New  York;  which  sum  .shall  be  paid  into  said  re- 
tirement fund  and  duly  credited  thereto,  by  the  proper  officials  of  said  city, 
having  the  legal  custody  thereof. 

d  All  forfeitures  and  deductions  of  or  from  the  salary  of  any  superintendent, 
supervisor,  principal,  teacher,  registrar,  janitor,  or  other  employee  employed  in 
the  public  schools  of  said  city.  Such  forfeitures  and  deductions  shall  be  paid 
into  said  retirement  fund  and  duly  credited  thereto  by  the  proper  officials  of  said 
city  having  the  legal  custody  thereof.  The  unpaid  salary  of  a  teacher  who  is 
on  leave  of  absence,  formally  granted  by  the  board  of  education,  shall  not  be 
regarded  as  a  forfeiture  or  deduction,  and  shall  not  be  paid  into  the  retirement 
fund.  The  comptroller  of  said  city  shall  be  the  custodian  of  said  fund  and  the 
city  treasurer  shall  be  the  treasurer  thereof,  and  all  orders  made  payable  from 
said  fund  except  for  moneys  drawn  for  investment  by  the  comptroller  shall  be 
made  upon  the  vote  of  said  board  of  trustees.  All  orders  except  for  moneys 
drawn  for  investment  by  the  comptroller  are  to  be  signed  by  its  president  and 
countersigned  by  the  city  comptroller  and  city  treasurer. 

The  comptroller  of  said  city  shall  invest  for  the  benefit  of  the  retirement  fund 
all  moneys  not  necessary  for  the  payment  of  annuities.  Such  investment  shall 
be  made  only  in  securities  in  which  the  savings  banks  of  the  State  of  New  York 
are  authorized  by  law  to  invest.  All  orders  made  payable  from  said  fund  for 
investment  by  the  comptroller  shall  be  signed  by  the  comptroller  and  counter- 
signed by  the  city  treasurer.  He  shall  report  to  the  board  annually  in  the  month 
of  January  the  condition  and  disposition  of  the  fund,  and  the  items  of  receipts 
and  disbursements  during  the  year  ending  on  the  31st  day  of  the  December  pre- 
ceding.    The  board  of  education  in  making  the  payrolls  for  October  and  March 


EDUCATION    CODE  20/ 

each  year  for  the  superintendent,  supervisors,  principals,  teachers,  registrars, 
janitors  and  other  employees  hereinbefore  mentioned,  shall  deduct  from  the  sal- 
ary payable  for  each  of  such  months  to  each  of  said  persons  who  shall  be  mem- 
bers of  said  public  school  teachers-  retirement  fund  association  the  sum  of  one- 
half  of  one  per  centum  of  his  or  her  annual  salary.  The  board  of  education 
shall  thereupon  issue  a  certificate  to  the  treasurer  stating  the  total  sum  of  de- 
ductions and  also  the  total  amount  of  deductions  from  the  salaries  of  any  per- 
sons who  are  members  of  said  association,  for  absence  from  duty  during  the 
preceding  six  months.  Such  amount  shall  be  paid  into  the  retirement  fund  and 
duly  credited  thereto  by  the  city  comptroller.  (As  added  by  L.  ipop,  ch.  <)2,  and 
amended  by  L.  iQi^,  ch.  44.) 

§  229H  The  board  of  education  shall  have  power  to  retire  from  service  any 
superintendent,  supervisor,  principal,  teacher,  registrar,  janitor  or  other  em- 
ployee, who  shall  have  served  in  such  capacity  or  capacities  for  an  aggregate 
period  of  twenty-five  years  for  a  female  and  thirty  years  for  a  male,  and  no  per- 
son so  retired  shall  become  an  annuitant  under  this  act  unless  fifteen  years  of 
such  service  shall  have  been  rendered  in  the  public  schools  of  Mount  Vernon,  and 
unless  he  or  she  shall  have  come  under  the  provisions  of  this  act  as  hereinbefore 
provided.  Annuities  paid  in  pursuance  of  this  act  shall  be  one-half  of  the  salary 
of  the  annuitant  at  the  time  of  retirement  from  service,  except  that  no  annuity 
shall  exceed  eight  hundred  dollars  annually,  but  if  the  moneys  in  the  fund  and 
the  receipts  of  said  fund  shall  be  found  insufficient  to  fully  carry  out  the  provi- 
sions hereinbefore  set  forth,  the  trustees  shall  then  determine  the  pro  rata 
amount  which  in  their  judgment  each  annuitant  shall  receive  in  one  year,  and 
such  an  amount  shall  be  deemed  full  payment  of  the  annuity  for  that  year.  If, 
however,  any  person,  a  member  of  this  association,  after  twenty  years'  service,  ten 
years  of  which  service  shall  have  been  in  the  public  schools  of  Mount  Vernon, 
shall  become  mentally  or  physically  incapacitated  for  duty,  he  or  she  may  be  re- 
tired by  the  board  of  education  upon  an  annuity  of  as  many  twenty-fifths,  if  a 
woman,  and  as  many  thirtieths,  if  a  man,  of  the  full  annuity  as  said  person  has 
taught,  or  otherwise  served,  in  years.  If  at  any  time  any  member  of  this  asso- 
ciation shall  be  refused  reemployment  by  the  board  of  education,  or  shall  be  dis- 
charged before  he  or  she  would  become  an  annuitant  under  the  provisions  of  this 
act,  then  such  a  person  shall  be  entitled  to  receive  from  the  treasurer,  without  in- 
terest, a  sum  equal  to  the  total  deductions  from  his  or  her  salary  in  pursuance  of 
this  act  other  than  the  forfeitures  and  deductions  specified  in  subdivision  (d) 
of  section  229^  of  this  article. 

Xo  member  of  this  association  shall  be  entitled  to  an  annuity  who  has  not 
contributed  to  the  retirement  fund  an  amount  equal  to  at  least  thirty  per  centum 
of  his  annuity.  But  a  person,  who  is  otherwise  entitled  to  retirement  and  an 
annuity  under  this  article,  may  become  an  annuitant  and  entitled  to  an  annuity 
by  making  a  cash  payment  to  the  retirement  fund  of  an  amount  which,  when 
added  to  his  previous  contributions  to  such  fund,  will  equal  thirty  per  centum 
of  his  annuitv.     In  case  a  member  of  this  association,  who  shall  retire  or  be  re- 


208  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

tired,  is  unable  to  pay  in  advance  the  sum  required  to  make  up  the  said  thirty 
per  centum  of  the  annuity,  the  payment  of  such  annuity  may  be  withheld  until 
the  portion  of  the  annuity  withheld  shall  equal  the  sum  required  to  make  up  said 
thirty  per  centum  of  the  annuity.  (As  added  by  L.  ipop,  ch.  p2,  and  amended 
by  L.  19 1 3,  ch.  44.) 

Chapter  489,  Laws  of  1901 

An  act  authorizing  and  empowering  the  board  of  education  of  the  city  of 
Mount  Vernon  to  acquire  lands  for  a  library  site  and  to  issue  bonds  for  the  pur- 
pose of  purchasing  or  otherwise  acquiring  the  same. 

Section  i  The  board  of  education  of  the  city  of  Mount  Vernon  are  hereby 
authorized  and  empowered  to  borrow  upon  the  faith  and  credit  of  said  city  of 
Mount  Vernon  such  sum  or  sums,  not  exceeding  in  the  aggregate  twenty  thousand 
dollars,  as  may,  in  their  judgment,  be  necessary  for  the  purpose  of  purchasing 
lands  in  said  city  for  a  site  for  a  library. 

§  2  The  said  bonds  shall  be  due  and  payable  thirty  years  from  the  date  thereof, 
and  shall  bear  interest  at  such  a  rate  of  interest,  not  exceeding  four  per  centum 
per  annum,  as  the  said  board  of  education  shall,  by  a  majority  vote  of  all  the 
members  thereof  determine.  The  said  bonds  or  any  part  thereof  may  be  sold 
by  the  said  board  of  education  in  such  manner  as  it  may  deem  best  but  at  not 
less  than  the  par  value  thereof  with  accrued  interest,  if  any.  The  said  orjnds 
shall  be  exempt  from  taxation. 

§  3  The  said  board  of  education  shall,  on  or  before  the  ist  day  of  May  in 
each  year,  file  with  the  city  clerk  of  said  city  of  Moimt  Vernon  a  statement  of 
the  amount  necessary  to  be  raised  to  pay  the  interest  and  principal  which  will 
become  due  during  the  ensuing  year,  upon  the  bonds  or  obligations  so  issued  by 
said  board  of  education.  The  common  council  of  said  city  of  Mount  Vernon 
shall  include  the  said  amount  in  the  annual  city  taxes,  and  shall  levy  and  col- 
lect the  same  in  each  year  in  the  same  manner  as  the  city  taxes  are  now  by  law 
to  be  levied  and  collected.  The  said  amount  shall  be  paid  to  the  city  treasurer 
of  said  city  of  Mount  Vernon,  and  shall  be  used  to  pay  the  principal  and  interest 
on  said  bonds  as  the  same  shall  fall  due. 

§  4  To  secure  the  payment  of  the  said  loans  the  said  board  of  education  are 
hereby  authorized  to  make,  execute  and  deliver  bonds  of  said  city  of  Mount 
Vernon  which  shall  be  signed  by  the  president  and  the  clerk  of  said  board  of 
education  and  shall  be  of  such  amounts  as  the  said  board  of  education  shall 
determine.  The  said  bonds  shall  be  denominated  "  Library  site  bonds  of  the  city 
of  Mount  Vernon  "  and  shall  be  numbered  consecutively  as  issued,  and  a  record 
of  said  bonds,  showing  the  number,  amount,  rate  of  interest,  and  the  time  when 
payable,  shall  be  kept  by  the  said  clerk  of  the  board  of  education. 

§  5  The  credit  of  the  said  city  of  Mount  Vernon  is  hereby  pledged  for  the 
payment  of  such  bonds  as  may  be  issued  by  authority  of  this  act. 

§  6  The  said  board  of  education  are  hereby  authorized  and  empowered  with 
the  proceeds  of  the  sale  of  said  bonds  or  any  part  thereof,  to  purchase  lanfl^;  for 
a  librnrv  'sifn.  rmd  improve  the  same. 


EDUCATION    CODE  209 

§  7  The  said  board  of  education  are  hereby  authorized  and  empowered  to 
acquire  by  purchase  any  lands,  rights,  or  easements  necessary  or  requisite  for  the 
purpose  of  carrying  out  the  provisions  or  purposes  of  this  act  at  such  price  or 
prices  as  they  will  deem  fair  and  reasonable ;  and,  if  unable  to  do  so,  they  shall 
acquire  such  lands,  rights  or  easements  by  condemnation,  under  the  condemnation 
law. 

§  8  This  act  shall  take  effect  immediately. 


NEW  ROCHELLE 

Chapter  559,  Laws  of  1910 

An  act  to  provide  a  charter  for  the  city  of  New  Rochelle 

ARTICLE  XXIV 
DEPARTMENT  OF  EDUCATION 
Section  351  City  permanent  school  district 

352  Board  of  trustees 

353  Annual  meeting  and  officers 

354  General  powers  and  duties  of  the  president 

355  General  powers  and  duties  of  the  clerk 

356  Power  of  the  board  to  establish,  maintain  and  control  schools  and  playgrounds 

357  Power  to  purchase  land  and  erect  buildings 

358  Condemnation  of  real  estate  for  school  purposes 

359  Power  to  appoint  and  remove 

360  Issue  of  school  bonds 

361  Nonresident  pupils 

362  Removal  of  trustees 

363  Superintendent  of  schools 

364  District  a  union  free  school  district 

36s  Religious  sects^  and  dogmatic  books  excluded ;   Bible  retained 

Section  351  City  permanent  school  district.  The  city  shall  form  a  per- 
manent school  district  which  shall  not  be  subject  to  alteration  by  the  district  com- 
missioner of  common  schools  for  the  district  in  which  it  is  situated. 

§  352  Board  of  trustees.  The  district  shall  be  under  the  direction  of  the 
board  of  trustees,  to  be  styled  the  board  of  education  of  the  city  of  New  Rochelle. 
which  shall  be  a  body  corporate  in  relation  to  all  the  powers  and  duties  conferred 
upon  it  by  this  act.  The  board  shall  consist  of  nine  trustees,  five  of  whom  shall 
constitute  a  quorum  for  the  transaction  of  business.  It  shall  adopt  rules  to  gov- 
ern its  proceedings.  The  members  of  the  board  of  education  who  are  in  office 
when  this  act  tal<es  effect  shall  be  the  members  of  the  board  of  education  until  the 
expiration  of  their  terms  of  office  and  until  their  successors  are  appointed  and 
qualify.  The  term  of  office  of  the  trustees  shall  be  three  years  and  shall  begin 
on  the  second  Tuesday  of  September  in  the  year  in  which  they  are  appointed.  A 
trustee  appointed  to  fill  a  vacancy  shall  serve  for  the  unexpired  term.  The  trus- 
tees shall  serve  without  compensation. 

§  353  Annual  meeting  and  officers.  The  board  shall  hold  an  annual  meeting 
on  the  second  Tuesday  of  September  in  each  year,  and  at  such  meeting  or  at  an 
adjourned  or  the  next  regtilar  meeting  the  members  thereof  shall  choose  one  of 
their  number  as  president  and  some  person,  not  of  their  number,  who  shall  be  a 
resident  of  the  city,  as  clerk.  The  clerk  shall  hold  office  at  the  pleasure  of  the 
board.     The  compensation  of  the  clerk  shall  be  fixed  by  the  board. 

*  So  in  the  original.  [210] 


EDUCATION    CODE  211 

§  354  General  powers  and  duties  of  the  president.  The  president  shall 
preside  over  the  meetings  of  the  board  and  shall  perform  such  executive  acts  and 
duties  as  may  be  required  by  the  board  or  by  law. 

§  355  General  powers  and  duties  of  the  clerk.  The  clerk  shall  be  the 
secretary  of  the  board  and  keep  its  minutes  and  shall  perform  such  other  duties 
as  may  be  required  by  law  or  be  prescribed  by  the  board. 

§  356  Powers  of  the  board  to  establish,  maintain  and  control  schools  and 
playgrounds.  Subject  to  the  provisions  of  this  act,  the  board  of  education  shall 
have  power  to  establish,  organize,  equip,  maintain  and  control  free  schools,  includ- 
ing night  schools  and  such  other  schools  and  courses  of  instruction  as  may,  in  its 
judgment,  be  required  and  to  change  or  discontinue  the  same  at  its  discretion;  to 
establish,  equip,  maintain  and  control  playgrounds  and  athletic  fields ;  and  in  gen- 
eral to  provide  for  the  educational  interests  of  the  city. 

§  357  Power  to  purchase  land  and  erect  buildings.  For  the  purposes  stated 
in  the  preceding  section,  the  board  of  education  shall  have  power  to  purchase  land 
in  the  name  of  the  city  and  to  erect  buildings  thereon. 

§  358  Condemnation  of  real  estate  for  school  purposes.  Whenever  the 
board  of  education  reports  to  the  council  that  it  is  unable  to  purchase  real  estate 
rights  or  easements  deemed  by  it  to  be  necessary  for  school  purposes,  the  council 
may  proceed  to  acquire  such  land  by  condemnation  proceedings. 

§  359  Power  to  appoint  and  remove.  Subject  to  the  provisions  of  the 
Education  Law,  the  board  of  education  shall  have  power  to  appoint,  employ  and 
remove  a  superintendent  of  schools,  teachers  and  other  employees,  and  to  fix  and 
increase  or  decrease  their  compensation.  The  superintendent  of  schools  shall  not 
l)e  removed  except  by  a  majority  vote  of  all  the  members  of  the  board.  The 
board  may  also  appoint  and  at  pleasure  remove  a  medical  inspector  of  schools 
who  shall  be  a  licensed  and  registered  physician  and  surgeon  of  at  least  five  years 
active  practice. 

§  360  Issue  of  school  bonds.  Whenever  the  amount  required  for  the  pur- 
chase of  land,  the  erection  of  a  building,  or  the  enlargement  of  an  existing  build- 
ing exceeds  the  sum  of  ten  thousand  dollars,  the  board  of  education  shall  certify 
to  the  council  by  resolution  the  amount  that  is  necessary  for  such  purposes,  and 
bonds  for  such  amount  may  then  be  issued  and  sold  in  accordance  with  the  pro- 
visions for  the  issuance  and  sale  of  bonds  contained  in  this  act;  but  the  council 
must  approve  or  disapprove  the  resolution  of  the  board  of  education  as  a  whole. 

§  361  Nonresident  pupils.  The  board  may  allow  children  who  are  not 
residents  of  the  city  to  attend  any  of  the  public  schools  therein  upon  such  terms 
as  it  may  prescribe,  and  may  also  authorize  resident  children  to  attend  public 
schools  of  adjacent  districts  and  may  pay  for  their  tuition  therein. 

§  362  Removal  of  trustees.  Charges  of  misconduct  or  of  neglect  of  duty 
on  the  part  of  any  member  of  the  board  of  education  may  be  presented  to  that 
board  by  any  resident  of  the  city.  Such  charges  shall  be  served  upon  the  accused 
member.  Tlie  board  at  a  meeting  of  which  the  accused  member  shall  have  at 
least  five  days'  notice  shall  hear  evidence  upon  the  charges.  If  two-tbir  1?  of  all 
the  members  of  the  board  vote  to  sustain  the  charges,  all  the  paners  nnd  ^!ocu- 


212  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

nients  in  the  case,  with  a  transcript  of  the  proceedings,  shall  be  transmitted  to 
the  mayor,  who  shall  thereupon  have  power  to  remove  the  accused  member. 

§  363  Superintendent  of  schools.  The  duties  of  the  superintendent  of  schools 
shall  be  prescribed  by  the  board  of  education.  Subject  to  the  direction  of  the 
board  and  to  the  rules  adopted  by  it,  he  shall  have  general  control  and  supervision 
of  the  public  schools  and  of  the  teachers  and  other  employees  thereof.  On  or 
before  the  1st  day  of  July  of  each  year,  or  whenever  required  by  the  board,  he 
shall  report  to  it  in  writing  the  general  condition  and  needs  of  the  schools  of  the 
city  and  such  details  thereof  as  it  may  require. 

§  364  District  a  union  free  school  district.  The  said  district  shall  be  deemed 
and  is  hereby  declared  to  be  a  union  free  school  district  under  the  laws  of  the 
State  relating  to  public  instruction.  All  provisions  of  law,  not  inconsistent  with 
the  provisions  of  this  act,  applicable  to  school  districts  whose  limits  correspond 
with  any  incorporated  city,  and  to  the  board  of  education  therein,  and  to  the  cor- 
porate authority  of  such  cities  are  made  applicable  to  the  school  district  hereby 
establishe<i,  and  to  the  board  of  education  thereof,  and  to  the  corporate  author- 
ities of  the  city  of  New  Rochelle. 

§  365  Religious  tenets  and  dogmatic  books  excluded;  Bible  retained.  No 
school  shall  be  entitled  to  or  receive  any  portion  of  the  school  moneys  in  which 
the  religious  doctrines,  tenets,  or  usage  of  any  particular  church  or  religious  sect 
shall  be  taught,  inculcated  or  practised,  or  in  which  any  book  which  contains  com- 
positions favorable  or  prejudicial  to  the  doctrines  or  tenets  of  any  particular 
church  or  religious  sect  shall  be  used.  But  nothing  herein  contained  shall  author- 
ize the  board  of  education  to  exclude  the  Holy  Scriptures  without  note  or  com- 
ment, or  any  version  thereof,  or  any  selection  therefrom,  from  any  of  the  schools 
provided  for  by  this  chapter ;  but  the  board  of  education  shall  not  have  the  power 
to  decide  what  version,  if  any,  of  the  Holy  Scriptures,  without  note  or  comment, 
shall  be  used  in  any  of  the  schools ;  provided  that  nothing  herein  contained  shall 
be  so  construed  as  to  violate  the  rights  of  conscience  as  secured  by  the  constitu- 
tion of  this  State  and  of  the  United  States. 

ARTICLE   XXV 

PUBLIC  LIBRARY 
Section  371  Trustees 

372  Annual  estimate 

373  Annual  report 

Section  371  Trustees.  In  accordance  with  the  provisions  of  its  charter, 
the  trustees  of  the  New  Rochelle  Public  Library  shall  be  elected  by  the  board  of 
education  of  school  district  number  i.  New  Rochelle,  now  the  board  of  educa- 
tion of  the  city  of  New  Rochelle.  They  shall  be  five  in  numl)er  and  shall  serve 
hvc  years  and  until  their  successors  are  elected  and  qualify.  Their  term  of  office 
shall  begin  on  the  second  Tuesday  in  September  in  the  year  in  which  they  are 
elected.  A  trustee  elected  to  fill  a  vacancy  shall  serve  for  the  unexpired  term. 
The  trustees  shall  serve  without  compensation.     The  trustees  of  the  New  Rochelle 


EDUCATION    CODE  213 

Public  Library  who  are  in  office  when  this  act  takes  effect  shall  be  its  trustees 
until  the  expiration  of  their  terms  of  office  and  until  their  successors  are  elected 
and  qualified. 

i^  ■};j2  Annual  estimate.  On  or  before  the  ist  day  of  December  in  each  year 
the  trustees  of  the  Xevv  Rochelle  Public  Library  shall  submit  to  the  mayor,  as 
president  of  the  board  of  estimate  and  apportionment,  an  estimate  in  writing  of 
the  amount  required  for  the  maintenance  of  the  library  during  the  next  fiscal  year 
of  the  city,  itemized  in  the  manner  which  the  board  of  estimate  and  apportionment 
may  prescribe.  When  the  estimate  is  approved  or  modified  by  the  board  of  esti- 
mate and  apportionment,  it  shall  be  included  by  that  board  in  the  annual  estimate 
of  the  expenditures  of  the  city  and  shall  be  adopted  without  change  by  the  coun- 
cil as  a  part  of  the  annual  city  budget. 

§  373  Annual  report.  On  or  before  the  loth  day  of  January  in  each  year 
the  trustees  of  the  library  shall  submit  to  the  mayor  a  report  of  the  operations  of 
the  library  during  the  past  fiscal  year  of  the  city. 


§  62  Estimates  of  departments.  On  or  before  the  15th  day  of  December 
in  each  year  the  council,  all  heads  of  departments,  boards,  the  judge  of  the  city 
court,  the  trustees  of  the  Xew  Rochelle  public  library,  and  officers  empowered 
by  law  to  expend  money  shall  furnish  to  the  mayor  as  presiding  officer  of  the 
board  itemized  estimates  in  writing  of  the  amount  required  for  the  next  fiscal  year 
in  their  respective  departments,  boards,  court  or  offices.  Such  estimates  shall  set 
forth  in  detail  the  amounts  required  for  salaries,  expenses  and  all  other  necessary 
items  according  to  rules  prescribed  by  the  board.  Thereafter  during  the  month  of 
January  following,  and  on  or  before  the  15th  day  of  said  month,  the  mayor  shall 
lay  the  estimates  before  the  board  of  estimate  and  apportionment  and  the  same 
shall  be  entered  upon  its  minutes.  The  board  of  estimate  and  apportionment  may 
make  such  changes  in  the  estimates  as  it  shall  deem  necessary.  If  it  reduces  the 
estimate  submitted  by  the  board  of  education,  the  estimate  shall  forthwith  be 
returned  to  the  board  of  education,  which  shall  have  power  within  ten  days  by  a 
vote  of  two-thirds  of  all  its  members  to  readopt  the  estimate,  and  it  shall  there- 
upon be  included  in  the  annual  estimate. 

§  63  Estimates  to  be  filed.  A  copy  of  the  estimates  shall  be  filed  with  the 
city  clerk  at  the  same  time  that  they  are  filed  with  the  mayor.  The  board  of  esti- 
mate and  apportionment  shall  file  with  the  city  clerk  an  itemized  estimate  for  any 
expenditure  not  included  in  the  foregoing  section  for  which  an  appropriation  is 
to  be  made. 

Section  12  creates  a  board  of  education  to  consist  of  nine  members  and  to  be 
appointed  by  the  mayor.  Section  13  provides  that  all  persons  appointed  to  office 
by  the  mayor  shall  be  electors  except  that  women  may  be  appointed  on  the  board 
of  education.     Section  17  provides  for  the  constitutional  oath  of  offices. 


NEW  YORK 

Chapter  378,  Laws  of  1897,  ^s  reenacted  by  chapter  466,  Laws  of  1901 

GREATER  NEW  YORK  CHARTER 

CHAPTER  XVin 

DEPARTMENT  OF  EDUCATION 
Title  I  The  public  schools  and  their  management 
Title  2  The  College  of  the  City  of  New  York 
Title  3  The  normal  college 
Title  4  General  provisions 

TITLE    I 

THE  PUBLIC  SCHOOLS  AND  THEIR  MANAGEMENT 

Board   of  education;  property  under  its   care  and   control;  in  what  name 

suits  brought 

Section  1055  The  title  to  all  property,  real  and  personal,  now  or  that  may 
hereafter  be  acqtiired  for  school  or  educational  purposes,  except  the  State  Normal 
School  at  Jamaica,^  and  also  the  title  to  all  property,  real  and  personal,  purchased 
for  school  or  educational  purposes  with  any  school  moneys,  whether  derived 
from  the  issue  of  bonds  or  raised  by  taxation  in  the  city  of  New  York,  shall  be 
vested  in  the  city  of  New  York,  as  constituted  by  this  act,  but  shall  be  under 
the  care  and  control  of  the  board  of  education  as  provided  in  this  act,  for  the 
purposes  of  public  education,  recreation  and  other  public  uses.  Suits  in  relation 
to  such  property  shall  be  brought  in  the  name  of  the  said  board  of  education. 
The  said  city  of  New  York  shall  have  power  to  take  and  hold  any  property,  real 
or  personal,  devised  or  bequeathed  or  transmitted  to  it  for  the  purposes  of  edu- 
cation in  said  city;  but  such  property  shall  be  under  the  care  and  control  of  the 
board  of  education  as  provided  by  this  act,  for  the  purposes  of  public  education, 
recreation  and  other  public  uses  in  said  city. 

The  board  of  education  is  the  proper  party  defendant  in  a  suit  relating  to  school 
funds.  The  city  as  trustee  of  the  school  funds  has  title  to  the  money,  but  it  is  under  the 
care,  control  and  administration  of  the  board  of  education  and  all  suits  in  relation  to  it 
must  be  brought  in  the  name  of  the  board.  The  mere  fact  that  the  charter  makes  the  board 
of  education  a  meml)er  of  one  of  tlie  administrative  departments  does  not  indicate  that  the 
State  functions  which  were  formerly  directly  imposed  upon  the  board  as  a  separate  public 
corporation  are  devolved  upon  the  city  and  that  the  board  of  education  is  relegated  to  a 
position  occupied  by  the  other  city  departments ;  the  charter  provision  does  not  make 
any  change  in  the  corporate  powers,  duties  or  liabilities  of  the  board  and,  therefore,  does  not 
affect  its  legal  capacity  to  sue  and  be  sued.  Hence  a  suit  to  recover  teachers'  salaries  must  be 
brought  against  the  board  of  education  and  not  against  the  city.  Gunnison  v.  Board  of 
Education  of  the  City  of  New  York.  196  N.  Y.  11,  affg  80  .\pp.  Div.  480;  81  N.  Y.  Supp.  181. 

Liability  of  city  for  malfeasance  or  misfeasance  of  board  of  education.     While  the 

'  The  Jamaica  State  Normal  School  was  transferred  to  the  city  of  New  York  by  L. 
1905.  ch.  524.    See  p.  261.  post. 

[214] 


EDUCATION    CODE  215 

title  to  a  public  school  building  of  the  city  of  New  York  is  vested  in  the  city,  its  board 
of  education,  created  by  statute,  is  made  solely  responsible  for  the  care  and  control  thereof; 
and  therefore  where  a  pupii  is  injured  by  a  defect  in  the  floor  of  such  a  building,  she 
can  not  collect  damages  of  the  city,  as  it  is  not  liable,  on  the  ground  either  of  negligence  or  of 
nuisance,  for  the  malfeasance  or  misfeasance  of  the  officials  or  subordinates  of  its  board 
of  education.    Brown  v.  City  of  New  York,  32  Misc.  571 ;  66  N.  Y.  Supp.  382. 

So  an  action  to  recover  for  the  death  of  a  person,  caused  by  the  fall  of  a  defective 
flagpole  erected  on  a  school  building,  should  be  brought  against  the  board  of  education  and 
not  against  the  city  itself.  McCarton  v.  City  of  New  York,  149  App.  Div.  516,  133  N.  Y. 
Supp.  Q39. 

Liability  of  board  of  education  for  injuries  caused  by  lack  of  repair  of  schoolhouse. 
The  board  of  education  is  not  given  the  power  to  keep  the  school  buildings  in  repair  so 
the  board  is  not  liable  under  the  doctrine  of  respondent  superior  for  the  negligence  of  those 
having  in  charge  the  care  of  such  buildings.  However,  as  the  board  is  vested  with  the 
management  and  control  of  the  school  buildings,  including  the  sole  power  to  close  them, 
it  is  responsible  for  injuries  to  a  pupil  resulting  from  its  failure  to  close  a  school  where  it 
had  notice  of  a  defective  ceiling  which  fell  and  injured  such  pupil.  Wahrman  v.  Board 
of  Education,  187  N.  Y.  331,  aff'g  iii  App.  Div.  345;  97  N.  Y.  Supp.  1066. 

The  doctrine  of  respondent  superior  applies  to  municipal  or  governmental  corporations 
in  respect  to  the  duties  imposed  on  them.  It  therefore  applies  in  an  action  against  the 
board  of  education  of  the  city  of  New  York  to  recover  for  injuries  received  by  one  em- 
ployed as  a  cleaner  in  a  public  school.  Higbie  v.  Board  of  Education,  122  App.  Div.  483 ; 
107  N.  Y.  Supp.  168,  distinguishing  Wahrman  v.  Board  of  Education,  187  N.  Y.  331. 

Liability  of  city  for  negligence.  Although  there  can  be  no  doubt  that  the  board  of 
education  is  a  corporation  independent  of  the  municipal  corporation,  the  city  of  New 
York,  yet  this  fact  does  not  relieve  the  city  of  the  duty  it  owes  to  pedestrians  to  keep  the 
sidewalks  free  from  ice  and  snow,  and  the  city  itself  is  liable  for  injuries  resulting  from  the 
neglect  of  that  duty.     Pymm  v.  City  of  New  York,  in  App.  Div.  330;  97  N.  Y.  Supp.  1108. 

Notice  to  the  principal,  janitor  and  assistant  janitor  of  a  public  school,  and  to  an 
inspector  of  the  board  of  education,  of  accumulation  of  snow  on  the  sidewalk  in  front  of 
a  public  school,  is  not  notice  to  the  city.  The  city  of  New  York  has  a  right  to  assume  that 
the  board  of  education,  which  is  a  separate  corporation,  will  perform  its  duty  and  keep 
such  sidewalk  free  from  snow  and  ice.  No  greater  duty  devolves  on  the  city  with  respect 
to  the  removal  of  snow  and  ice  from  walks  in  front  of  public  schools  than  with  respect 
to  snow  and  ice  which  accumulates  in  front  of  private  premises.  Owen  v.  City  of  New 
York,  141  App.  Div.  217;  126  N.  Y.  Supp.  3S. 

Costs  in  an  action  against  the  board  may  be  recovered  if  plaintiff's  claim  before  suit  was 
duly  presented  to  the  auditing  department  of  the  board.  The  comptroller  is  the  only  fiscal 
office  of  the  board.    Eagan  v.  Board  of  Education,  115  N.  Y.  Supp.  167. 

A  bequest  for  the  supply  of  a  library  for  the  College  of  the  City  of  New  York  may  be 
accepted  by  the  board  of  education.     Betts  v.  Betts,  4  Abb.  N.  C.  3^7- 

School  age  of  children 

§  1056  The  schools  of  the  said  city  under  the  management  and  control  of  the 
board  of  education  shall  be  free  to  all  persons  over  4  and  under  21  years  of  age 
residing  in  said  city,  but  under  such  regulations  not  in  conflict  with  the  general 
school  law  of  the  State,  as  the  board  of  education  shall  prescribe,  provided,  how- 
ever, that  no  child  under  6  years  of  age  shall  be  received  in  said  schools  except 
in  kindergarten  classes. 

Separate  schools  for  colored  children.  A  provision  of  law  which  provides  that  a 
school  board  may  provide  separate  schools   for  colored  children  and   exclude  them   from 


2l6  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Other  schools,  provided  that  the  schools  tor  colored  children  make  the  same  provisions  for 
their  education  as  are  made  in  other  schools,  is  not  qualified  by  the  constitutional  privilege  of 
education  in  a  system  of  free  common  schools  wherein  all  the  children  of  the  State  may 
be  educated  nor  by  the  provisions  of  the  penal  law  making  it  a  misdemeanor  for  teachers 
and  officers  of  the  common  schools  to  exclude  any  citizen  from  any  privilege  or  accom- 
modation therein.  People  ex  rel.  Cisco  v.  School  Board.  i6i  N.  Y.  598,  aff'g  44  App.  Div. 
46Q;  61  N.  Y.  Supp.  330. 

Nor  does  provision  for  such  schools  violate  any  privilege  guaranteed  by  the  federal  bill 
of  rights.    Dallas  v.  Fosdick,  40  How.  Pr.  249. 

The  establishment  of  such  separate  schools  for  the  exclusive  use  of  the  different  races  is 
not  an  abridgement  of  the  "  privileges  or  immunities  "  preserved  by  the  fourteenth  amend- 
ment of  the  federal  Constitution,  nor  is  it  a  denial  of  the  equal  protection  of  the  laws. 
The  privilege  of  receiving  an  education  at  the  expense  of  the  State  is  created  and  conferred 
only  by  State  laws,  and  may  lawfully  be  denied  to  any  class  or  race  by  the  State  at  its  will 
and  discretion.     People  ex  rel.  King  v.  Gallagher,  93  N.  V.  438. 

The  exclusion  of  unvaccinated  children  from  the  public  schools,  as  provided  by 
the  public  health  law,  is  within  the  proper  and  reasonable  exercise  of  the  police  power  of 
the  State  and  does  not  contravene  the  provision  of  the  Constitution  which  requires  the 
Legislature  to  "  provide  for  the  maintenance  and  support  of  a  system  of  free  common  schools, 
wherein  all  the  children  of  this  State  may  be  educated."  The  right  to  attend  the  public 
schools  of  this  State  is  necessarily  subject  to  some  restrictions  and  limitations  in  the 
interest  of  the  public  health.  Matter  of  Viemeister,  179  N.  Y.  235,  aff'g  88  App.  Div.  44;  84 
N.  Y.  Supp.  712. 

Board  of  education ;  succeeds  to  trusts  of  Public  School  Society 

§  1057  ^11  the  trusts  held  by  or  vested  in  the  Public  School  Society  of  the 
City  of  New  York,  as  heretofore  organized  and  existing  in  coinpliance  with 
the  provisions  of  an  act  entitled,  *'An  act  relative  to  common  schools  in  the  city 
of  New  York,"  passed  the  4th  day  of  June,  1853,  which  have  not  been  conveyed 
by  the  said  society,  and  all  the  rights,  powers  and  duties  of  said  society,  which 
yet  remained  therein,  shall  continue  and  be  vested  in  the  board  of  education  of 
the  city  of  New  York,  which  board  is,  and  shall  be  held  to  be  the  lawful  successors 
of  said  society  in  the  execution  of  every  trust. 

Board  of  education  succeeds  to  duties  and  powers  of  former  boards,  etc. 

§  105S  Subject  to  the  provisions  of  this  act,  and  so  far  as  is  consistent  there- 
with, the  board  of  education  of  the  city  of  New  Y^ork,  as  created  by  the  terms 
and  provisions  of  this  act,  shall  be  subject  to  all  the  duties,  possess  all  the  rights 
and  exercise  all  the  powers  respectively  held  by  the  board  of  education,  the 
school  boards  of  the  several  boroughs  and- the  inspectors  of  common  schools  on 
the  day  when  this  act  takes  effect,  excepting  such  duties,  rights  and  powers  as 
shall  devolve  upon  the  local  school  boards  as  provided  in  this  act.  The  powers, 
duties  and  functions  of  all  the  school  boards  in  the  several  boroughs  within  the 
city  of  New  York,  as  they  have  heretofore  been  constituted,  shall  cease  and  deter- 
mine, and  their  offices  shall  be  abolished,  on  the  first  Monday  of  February,  1920, 
and  the  board  of  education,  as  constituted  by  this  act,  shall  thereupon  succeed  to 
such  powers,  and  become  subject  to  such  functions  and  duties  as  provided  by 
this  act. 


EDUCATION    CODE  21 7 

Money  to  conduct  schools  to  be  raised  by  taxation 

§  1059  The  board  of  estimate  and  apportionment  and  the  board  of  aldermen 
of  the  city  of  New  York  may  raise  and  collect  by  tax,  on  the  estates,  real  and 
personal,  liable  to  taxation  in  said  city,  such  sum  of  money  as  may  be  necessary 
to  provide  for  the  conduct  of  the  schools  as  called  for  by  the  budget  adopted  by 
the  said  board  of  estimate  and  apportionment  and  the  said  board  of  aldermen 
pursuant  to  the  provisions  of  this  act. 

Special  and  general  school  funds ;  all  moneys  to  be  administered  by  board 

of  education 

§  1060  All  moneys  raised  for  educational  purposes  in  the  city  of  New  York 
shall  be  raised  in  two  funds,  to  be  known  as  the  special  school  fund  and  the 
general  school  fund,  respectively.  The  general  school  fund  shall  consist  of  all 
moneys  raised  for  the  payment  of  salaries  of  the  city  superintendent,  associate 
city  superintendents  and  district  superintendents,  director  and  assistant  director 
of  the  division  of  reference  and  research ;  members  of  the  board  of  examiners, 
attendance  officers,  lecturers  and  all  members  of  the  supervising  and  teaching 
staff,  throughout  all  boroughs,  in  conformity  with  section  1091  of  this  act.  The 
special  school  fund  shall  contain  and  embrace  all  moneys  raised  for  educational 
purposes  not  comprised  in  the  general  school  fund.  It  shall  be  the  duty  of 
the  board  of  estimate  and  apportionment  and  of  the  board  of  aldermen  to 
indicate  in  the  budget  in  raising  the  special  school  fund  the  respective  amounts 
thereof  which  shall  be  available  for  use  in  the  several  boroughs.  The  general 
school  fund  shall  be  raised  in  bulk,  and  for  the  city  at  large.  The  board  of 
education  shall  have  power  to  administer  and  shall  administer  all  moneys  ap- 
propriated or  available  for  educational  purposes  in  the  city  of  New  York.  {As 
amended  by  L.  IQ14,  ch.  476.) 

Administration  of  funds  by  board  of  education;  suit  to  recover  teachers'  salary.  The 
only  relation  the  city  has  to  the  subject  of  public  education  is  as  the  custodian  and  depository 
of  school  funds,  and  its  only  duty  with  respect  to  that  fund  is  to  keep  it  safely  and  dis- 
burse the  same  in  accordance  with  the  instructions  of  the  board  of  education.  The  city, 
as  trustee,  has  the  title  to  the  money,  but  it  is  under  the  care,  control  and  administration 
of  the  board  of  education,  and  all  suits  in  relation  to  it  must  be  brought  in  the  name  of 
the  hoard.  A  suit  to  recover  a  teacher's  salary  is  a  suit  affecting  or  in  relation  to  the 
school  funds  and  must  be  brought  against  the  board,  not  against  the  city.  Gunnison  v. 
Board  of  Education  of  the  City  of  i\ew  York,  196  N.  Y.  11,  aff'g  80  App.  Div.  480;  81  X.  Y. 
Supp.  181. 

Board    of    education;    how    constituted;    president;    vacancies;  members  to 

serve  without  pay 
§  1061  There  shall  be  in  the  city  of  New  York  as  constituted  by  this  act,  a 
board  of  education,  which  shall  have  the  management  and  control  of  the  public 
schools  and  of  the  public  school  system  of  the  city,  subject  only  to  the  general 
statutes  of  the  State  relating  to  public  schools  and  public  school  instruction,  and 
to  the  provisions  of  this  act.     The  board  of  education  of  the  city  of  New  York 


2l8  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

shall  consist  of  forty-six  members,  twenty-two  being  residents  of  the  borough  of 
Manhattan  :  four  of  the  borough  of  the  Bronx ;  fourteen  of  the  borough  of 
Brooklyn;  four  of  the  borough  of  Queens,  and  two  of  the  borough  of  Richmond. 
The  members  of  the  board  of  education  shall  be  appointed  by  the  mayor  and  hold 
office  for  the  term  of  five  years.  On  the  first  Monday  of  February,  in  the  year 
1902,  and  in  every  year  thereafter,  the  said  board  of  education  shall  organize  by 
electing  one  of  its  members  as  president  of  the  board,  who  shall  preside  at  its 
meetings,  and  shall  have  the  same  power  to  vote  thereat  as  any  other  member, 
but  who  shall  not  have  the  power  of  veto.  Any  vacancy  in  the  office  of  members 
of  the  board  of  education,  caused  by  death,  resignation,  or  otherwise,  shall  be 
filled  by  appointment  by  the  mayor  for  the  unexpired  term,  subject  to  the  pro- 
visions as  to  the  residence  of  such  members  hereinbefore  set  forth.  On  the 
third  Monday  of  January,  1902,  the  mayor  shall  appoint  members  of  the  board  of 
education  to  serve  until  the  dates  hereinafter  specified,  namely :  In  the  borough 
of  Manhattan,  five  members  until  January  i.  1903  ;  five  members  until  January  i. 
1904:  four  members  until  January  i,  1905;  four  members  until  January  i,  1906: 
and  four  members  until  January  i,  1907.  In  the  borough  of  Brooklyn,  three 
members  until  January  i,  1903;  three  members  until  January  i,  1904;  three  mem- 
bers until  January  i,  1905;  three  members  until  January  i,  1906,  and  two  mem- 
bers until  January  i,  1907.  In  the  borough  of  the  Bronx,  one  member  until  Jan- 
uary I,  1903;  one  member  until  January  i,  1905;  one  member  until  January  i, 
1906;  and  one  member  until  January  i,  1907.  In  the  borough  of  Queens,  one 
member  until  January  i,  1903;  one  member  until  January  i,  1905;  one  member 
until  January  i,  1906;  and  one  member  until  January  i,  1907.  In  the  borough  of 
Richmond,  one  member  until  January  i,  1904;  and  one  member  until  January  i, 
1907.  In  the  month  of  November  prior  to  the  expiration  of  the  respective  terms 
of  office  of  the  members  of  the  board  of  education,  appointed  as  aforesaid,  the 
mayor  shall  appoint  their  successors  to  serve  for  the  full  term  of  five  years  from 
the  first  day  of  January  following.  The  terms  for  which  such  appointments  are 
made  shall  be  designated  in  the  certificates  of  appointment  of  such  members.  A 
change  of  residence  by  a  member  of  the  board  of  education  from  the  borough 
from  which  he  is  appointed  shall  vacate  his  office.  Members  of  the  board  of  edu- 
cation shall  serve  without  pay,  and  shall  hold  no  office  of  emolument  under  the 
county,  State  or  municipal  government,  except  the  offices  of  notary  public  or  com- 
missioner of  deeds  or  offices  in  the  national  guard. 

Idem;    to  possess  powers  and  privileges  of  a  corporation 
§   1062     For  the  purposes  of  this  chapter,  the  board  of  education  of  the  city 
of  New  York  shall  possess  the  powers  and  privileges  of  a  corporation. 

Board  of  education  as  a  body  corporate.  The  settled  policy  of  the  State  from  an 
early  date  was  to  divorce  the  business  of  public  education  from  all  other  municipal  interests 
and  to  take  charge  of  it  as  a  peculiar  and  separate  function  through  agents  of  its  own 
selection  and  immediately  subject  and  responsive  to  its  control.  To  this  end  it  is  enacted 
in  the  general  laws  of  the  State  that  all  school  trustees  and  boards  of  education  shall  be  cor- 
porations with  corporate  powers,  which,  of  course,  includes  the  power  to  sue  and  be  sued 


EDUCATION    CODE  219 

in  all  matters  relating  to  the  control  and  management  of  the  schools.  Gunnison  v.  Board 
of  Education  of  the  City  of  New  York,  ig6  N.  Y.  11,  aff'g  80  App.  Div.  480;  81  N.  Y. 
Supp.  181. 

Idem ;  to  appoint  an  executive  committee ;  powers  of  committee 

§  1063  It  shall  be  the  duty  of  the  board  of  education  in  the  month  of  February, 
1902,  and  in  each  year  thereafter  in  the  month  of  July  to  appoint  a  standing 
committee  of  fifteen  members  of  the  board,  who  shall,  subject  to  the  approval 
of  the  board,  constitute  an  executive  committee  for  the  care,  government  and 
management  of  the  public  school  system  of  the  city,  subject  to  the  by-laws  of 
the  board  of  education.  At  least  one  member  of  such  committee  shall  be  selected 
from  each  borough.  The  said  board  of  education  may  by  its  by-laws  confer  upon 
said  committee  power  to  perform  any  of  the  administrative  powers  of  the  board. 
It  shall  be  the  duty  of  said  executive  committee  to  perform  such  duties  as  the 
board  of  education  may  by  by-law  prescribe.  The  board  of  education  may,  at 
any  regular  meeting  thereof,  by  a  majority  of  all  the  members  of  the  board, 
remove  any  or  all  the  members  of  the  said  committee,  and  appoint  other  members 
of  the  board  to  the  vacancies  thus  created.  Said  executive  committee  shall  meet 
at  least  once  in  each  month.  All  reports  of  committees  of  the  board  appointed 
under  its  by-laws  shall  be  presented  to  the  executive  committee  for  its  consider- 
ation and  action  before  being  presented  to  the  board,  unless  otherwise  ordered  by 
the  board.  The  president  of  the  board  shall  be  ex  officio  the  chairman  of  the 
executive  committee. 

Idem;  to  be  representative  of  school  system;  to  submit  estimate  for  entire 

school  system 
§  1064  The  board  of  education  shall  represent  the  schools  and  the  school 
system  of  the  city  of  New  York  before  the  board  of  estimate  and  apportionment, 
and  before  the  board  of  aldermen,  in  all  matters  of  appropriations  in  the  budget 
of  the  city  for  educational  purposes,  and  in  all  other  matters,  and  shall  in  general, 
be  the  representative  of  the  school  system  of  the  city  in  its  entirety.  On  or 
before  the  15th  of  September  in  each  year  it  shall  submit  an  estimate  in  detail  of 
the  moneys  needed  for  the  entire  school  system  of  the  city,  during  the  next  suc- 
ceeding calendar  year,  to  the  board  of  estimate  and  apportionment  for  its  action. 
The  board  of  estimate  and  apportionment  shall  appropriate  for  the  general  school 
fund  for  the  year  1902  and,  annually,  for  each  year  thereafter,  an  amount  equiv- 
alent to  not  less  than  three  mills  on  every  dollar  of  assessed  valuation  of  the  real 
and  personal  estate  in  the  city  of  New  York,  liable  to  taxation.  In  case  the 
amount  so  appropriated  for  the  general  school  fund  exceeds  the  expenditures  and 
ascertained  liabilities  chargeable  to  such  fund  during  any  one  year,  the  amount 
by  which  the  said  general  school  fund  exceeds  said  expenditures  and  liabilities 
shall  become  part  of  the  general  school  fund  for  the  next  succeeding  year,  and 
the  amount  to  be  raised  by  tax  for  said  fund  shall  be  diminished  by  the  amount 
of  said  excess.  The  board  of  education  shall  administer  all  moneys  appropriated 
or  available  for  educational  purposes  in  the  city  of  New  York,  subject  to  the 


220  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

general  provisions  of  this  act  relating  to  the  audit  and  payment  of  salaries  and 
Other  claims  by  the  department  of  finance.     (As  amended  by  L.  ipoj,  ch.  4^.) 

Idem;    to  use  and  control  certain  premises 

§  1065  The  board  of  education  shall  have  power  to  use  and  to  control  the 
premises  known  as  the  hall  of  the  board  of  education,  at  the  corner  of  Park 
avenue  and  Fifty-ninth  street  in  the  borough  of  Manhattan,  and  any  other  build- 
ings to  be  occupied  for  like  purposes  in  the  city  of  New  York,  and  to  make  all 
repairs,  alterations  and  additions  in  and  to  the  said  building  or  buildings  which 
the  board  of  education  may  authorize  and  deem  advisable.  It  shall  provide  such 
offices  and  rooms,  as  it  may  deem  advisable  within  the  boroughs  of  the  city  of 
New  York,  for  the  administration  of  the  powers  and  duties  conferred  by  this 
chapter  upon  the  board  of  education,  the  board  of  superintendents,  and  the  city 
superintendent. 

Idem;  to  dispose  of  personal  property;  disposition  of  proceeds;  to  lease  prop- 
erty and  make  contracts 

§  1066  Subject  to  the  provisions  of  this  section  relating  to  the  disposition  of 
discarded  school  books  the  board  of  education  shall  have  power,  in  the  name  of 
the  city  of  New  York  and  for  said  city,  to  dispose  of  such  personal  property  used 
in  the  schools  or  other  buildings  under  the  charge  of  said  board  as  shall  no  longer 
be  required  for  use  therein.  The  said  board  may  sell  at  prices  as  may  be  agreed 
upon  such  manufactured  articles  or  other  products  of  any  of  its  schools,  day  and 
evening,  as  may  not  be  utilized  by  the  board  of  education,  and  all  moneys  realized 
by  the  sale  thereof  shall  be  paid  into  the  city  treasury  and  shall  at  once  be  appro- 
priated by  the  board  of  estimate  and  apportionment  to  a  special  fund  to  be  ad- 
ministered by  the  board  of  education  for  such  purposes  as  said  board,  in  its  dis- 
cretion, may  determine.  All  other  moneys  realized  by  the  sale  of  personal  property 
shall  be  paid  into  the  city  treasury  and  shall  at  once  be  appropriated  by  the  board 
of  estimate  and  apportionment,  to  the  special  school  fund  of  the  board  of  educa- 
tion for  use  in  the  borough  in  which  the  property  sold  was  situated.  Said  board 
shall  have  power  to  lease  property  required  for  the  purpose  of  furnishing  school 
accommodations,  and  to  prepare  and  execute  leases  therefor.  The  board  may 
dispose  of,  to  the  best  advantage  of  the  city,  either  by  sale  or  on  the  basis  of 
money  allowance  for  waste  paper  all  books  delivered  to  the  several  public  schools 
that  have  been  discarded  either  by  reason  of  being  obsolete,  no  longer  required 
by  the  course  of  study,  worn  by  long  usage  or  mutilated  by  accident.  If  disposal 
is  made  by  sale,  it  shall  be  to  the  highest  bidder  who  guarantees  to  destroy  said 
useless  and  discarded  books,  and  the  money  realized  shall  be  paid  into  the  city 
treasury  and  shall  at  once  be  appropriated  by  the  board  of  estimate  and  appor- 
tionment to  the  special  school  fund  entitled  "  supplies  "  of  the  board  of  education 
as  designated  by  said  board.  If  disposal  is  made  on  the  basis  of  money  allow- 
ance for  waste  paper,  it  shall  be  to  the  highest  bidder  who  guarantees  to  destroy 
said  useless  and  discarded  books  and  who  shall  name  a  price  per  pound  and  shall 


EDUCATION    CODE  221 

deliver  new  books  to  the  aggregate  value  of  said  discarded  and  useless  books, 
upon  the  order  of  the  board  of  education.  Said  disposal  of  discarded  books  need 
not  be  publicly  advertised,  nor  is  it  necessary  to  enter  into  a  formal  contract. 
Should  the  discarded  books  be  in  such  a  condition  that  no  sale  or  exchange  can 
be  made,  or  should  there  be  reason  to  believe  that  said  discarded  books  have 
become  infected  through  disease  among  the  pupils,  the  committee  on  supplies  of 
the  board  of  education  may  authorize  their  destruction  by  fire,  in  which  event  the 
superintendent  of  school  supplies  shall  obtain  and  file  in  his  office  a  certificate 
that  such  books  have  been  so  destroyed,  signed  by  the  principal  of  the  school  in 
which  the  books  are  located.  (As  amended  by  L.  iQio,  ch.  ij6;  L.  1913,  ch.  55; 
L.  1914,  ch.  47/ ;  L.  1913,  ch.  602.) 

Board   of  education;   to   appoint   certain   officers,   clerks   etc.,   and   fix   their 

salaries 

§  1067  The  said  board  of  education  shall  have  power  to  appoint  a  secretary 
of  the  board ;  a  superintendent  of  school  buildings,  who  shall  be  an  architect 
of  experience  and  good  standing,  and  whose  term  of  office  shall  be  for  six 
years ;  a  superintendent  of  school  supplies  whose  term  of  office  shall  be  for 
six  years ;  a  city  superintendent  of  schools  for  the  term  of  six  years ;  a  super- 
visor of  lectures  for  the  term  of  six  years;  a  director  and  assistant  director  of 
the  division  of  reference  and  research ;  and  one  or  more  auditors.  The  said  board 
may  appoint  a  chief  clerk  and  such  other  officers,  clerks,  or  subordinates  as  it 
may  deem  necessary  for  its  administrative  duties,  and  as  are  provided  for  by 
the  proper  appropriation.  The  city  superintendent  of  schools,  any  associate  city 
superintendent,  any  district  superintendent,  the  supervisor  of  lectures,  any  member 
of  the  board  of  examiners,  the  director  and  assistant  director  of  the  division  of 
reference  and  research,  the  secretary  of  the  board  of  education,  the  superin- 
tendent of  school  buildings,  the  superintendent  of  school  supplies,  the  auditor 
or  auditors,  and  any  other  officers,  clerks  or  subordinates  of  the  board,  may,  any 
or  either  of  them,  be  removed  for  cause  at  any  time  by  a  vote  of  three-fourths 
of  all  the  members  of  the  board  of  education,  and  may  be  suspended  by  the  board 
of  education  pending  the  trial  of  charges.  The  said  board  shall  fix  and  regulate 
within  the  proper  appropriation  the  salaries  or  compensation  of  the  city  superin- 
tendent of  schools,  of  the  associate  city  superintendents  and  the  district  superin- 
tendents, of  the  director  and  assistant  director  of  the  division  of  reference  and 
research,  and  of  members  of  the  board  of  examiners.  (As  amended  by  L.  1914, 
ch.  476.) 

Salary  during  suspension.  A  clerk  employed  by  the  board  of  education  who  has  been 
duly  removed  from  his  position  by  the  board  is  not  entitled  to  his  salary  for  the  period 
of  suspension  pending  trial.  It  is  the  intent  of  the  statute  that  the  dismissal  relate  back 
to  the  time  of  suspension.  People  ex  rel.  Curren  v.  Cook,  117  App.  Div.  788;  102  N.  Y. 
Supp.  1087. 

Idem ;  power  to  enact  by-laws,  rules  and  regulations 

§  1068  The  board  of  education  shall  have  power,  subject  to  the  provisions 
of  law  and  of  this  act,  to  enact  by-laws,  rules  and  regulations  for  the  proper 


222  THE    UNIVERSITY   OF    THE    STATE    OF    NEW    YORK 

execution  of  all  duties  devolved  upon  the  board,  its  ^member  and  committees 
and  upon  the  several  local  school  boards ;  for  the  transaction  of  all  business 
pertaining  to  the  same,  for  defining  the  duties  of  the  city  superintendent  of 
schools,  the  director  and  assistant  director  of  the  division  of  reference  and  re- 
search, the  superintendent  of  school  buildings,  the  superintendent  of  school  sup- 
plies, of  its  auditor  or  auditors,  its  clerks  and  subordinates;  for  regulating  the 
manner  of  making  disbursements  from  any  of  the  funds  apportioned  to  any  bor- 
ough for  school  purposes,  for  the  proper  execution  of  all  powers  vested  in  it  by 
law,  and  for  the  promotion  of  the  welfare  and  best  interests  of  the  public  schools 
and  public  school  system  of  the  city  in  the  matters  committed  to  its  care.  Until 
the  board  of  education  shall  act  under  the  provisions  of  this  section  the  by-laws, 
rules  and  regulations  of  the  board  of  education  and  of  the  several  borough 
school  boards  in  force  on  the  ist  day  of  January,  1902,  shall  remain  in  full 
force  and  effect  so  far  as  they  are  not  inconsistent  with  the  provisions  of  this 
act  and  are  applicable.     (As  amended  by  L.  19 14,  ch.  476.) 

Resolution  as  to  licensing  teachers.  The  board  may  provide  by  resolution  for  separate 
lists  of  men  and  women  license  holders,  and  prescribe  different  qualifications  for  men  and 
women  applicants  for  licenses.  Matter  of  Schlivinski  v.  Maxwell,  80  App.  Div.  313;  80 
N.   Y.   Supp.   726. 

Removal  of  teacher.  The  board  has  no  power  to  pass  a  by-law  to  provide  for  the 
compulsory  termination  of  the  employment  of  a  teacher  except  in  the  manner  provided  for 
in  sections  1093  and  iioi  of  this  charter.  People  ex  rel.  Murphy  v.  Maxwell,  177  N.  Y. 
494,  rev'g  87  App.  Div.   131  ;  83  N.  Y.  Supp.   1098. 

By-law  disciplining  janitor.  This  section  authorizes  the  adoption  by  the  board  of  a  by- 
law providing  for  the  fining  of  a  janitor  for  the  infraction  of  regulations  relating  to 
janitors.  A  contract  with  a  janitor  is  subject  to  the  power  of  the  board  to  adopt  and  enforce 
such  a  by-law.  Farrell  v.  Board  of  Education,  67  Misc.  187;  122  N.  Y.  Supp.  289;  Egan  v. 
Board  of  Education  of  New  York,  70  Misc.  518. 

Board    of   education    succeeds   to    specific   powers   heretofore   exercised   by 

borough  boards 
§   1069  The  board  of  education  shall,  in  addition  to  the  other  powers  herein 
expressly  conferred,  have  power: 

1  To  establish  and  conduct  elementary  schools,  kindergartens,  manual  training 
schools,  trade  schools,  truant  schools,  evening  schools  and  vacation  schools. 

2  To  maintain  free  lectures  and  courses  of  instruction  for  the  people  of  the 
city  of  New  York. 

3  To  provide  special  classes,  whose  sessions  shall  be  held  at  such  times  in 
the  day  or  evening  as  said  board  may  determine,  for  the  purpose  of  giving 
instruction  in  the  English  language  to  persons  who  can  not  use  that  language 
readily,  and  whose  vocations  are  such  as  to  prevent  their  attending  the  elementary 
or  other  schools  in  the  school  system. 

4  To  provide  one  or  more  high  schools  and  training  schools  or  classes  for 
teachers,  as  it  may  from  time  to  time  determine,  and  as  the  appropriations  may 
permit.     The  said  training  schools  or  classes  shall  be  under  the  control  of  the 

'  So  in  the  original. 


EDUCATION    CODE  22^ 

board  of  education  and  of  the  city  superintendent  of  schools  to  the  extent  that 
may  be  necessary  to  secure  compHance  with  chapter  1031  of  the  Laws  of  1895. 

5  To  estabHsh  and  conduct  playgrounds  in  connection  with  the  public  schools. 

6  To  establish  new  schools  and  discontinue  or  consolidate  any  of  the  schools 
of  the  system. 

7  To  enter  into  a  contract  or  contracts,  from  time  to  time,  subject  however 
to  the  approval  of  the  board  of  estimate  and  apportionment,  with  any  street 
railway  company,  operating  in  the  city  of  New  York,  for  the  transportation  of 
school  children  to  and  from  any  public  school  in  the  city  of  New  York  at  special 
rates  not  to  exceed  one-half  the  usual  or  customary  rate  of  fares  charged  by 
such  street  railway  companies,  and  to  pay  for  such  transportation  out  of  the 
special  school  fund.  The  board  of  estimate  and  apportionment  is  hereby  author- 
ized and  empowered  to  appropriate  and  include  in  the  annual  budget  such  sum 
or  sums  of  money  as  may  be  necessary  for  the  purpose  of  this  act.  (As  amended 
by  L.  1904,  ch.  f,42;  L.  1914,  ch.  479.) 

8  The  board  of  education  shall  have  power  to  establish  a  bureau  of  compulsory 
education,  school  census  and  child  welfare  and  subject  to  the  provisions  of  law 
and  of  this  act,  the  said  board  shall  have  power  to  make  by-laws,  rules,  regula- 
tions and  prescribe  forms  for  the  proper  performance  of  the  duties  of  all  persons 
employed  in  and  under  the  direction  of  said  bureau.  On  the  nomination  of  the 
board  of  superintendents  the  board  of  education  shall  have  power  to  appoint  a 
director  and  an  assistant  director  of  the  said  bureau  for  a  term  of  six  years  each, 
and  such  attendance  officers,  enumerators,  clerks  and  other  employees  as  may  he 
necessary,  and  to  fix  their  salaries  within  the  proper  appropriation  ;  to  assign  a 
chief  attendance  officer,  and  one  or  more  attendance  officers  as  supervising  attend- 
ance officers  for  such  periods  as  may  be  prescribed  in  the  by-laws  of  the  board 
of  education.  No  person  shall  be  eligible  for  the  position  of  director  or  of  as- 
sistant director  of  the  said  bureau  who  has  not  one  of  the  following  qualifications: 
(a)  Graduation  from  a  college  or  university  recognized  by  The  University  of  the 
State  of  New  York,  together  with  five  years'  experience  in  teaching  or  supervision 
since  graduation,  (h)  A  principal's  license  for  any  of  the  boroughs  of  the  city 
of  New  York  obtained  as  the  result  of  an  examination,  together  with  ten  years' 
experience  in  teaching  or  supervision.  The  director  and  assistant  director  shall 
be  participants  in  the  teachers'  retirement  fund  under  section  1092  of  the  charter 
of  the  city  of  New  York  and  be  subject  to  its  provisions.  Attendance  officers 
employed  under  the  direction  of  the  said  bureau  shall  perform  duties  in  connec- 
tion with  the  enforcement  of  the  compulsory  education  law,  in  the  taking  of  a 
school  census,  and  in  connection  with  the  employment  of  children  under  the  labor 
law,  and  such  other  duties,  not  inconsistent  with  this  act,  as  the  director  of  the 
bureau  or  the  board  of  education  may  prescribe.  It  shall  be  the  duty  of  persons 
in  parental  relation  to  any  child  between  the  ages  of  four  and  eighteen  years  resid- 
ing in  the  city  of  New  York  to  give  to  the  educational  authorities  of  the  district 
within  which  they  severally  reside,  all  the  information  prescribed  in  section  650 
of  article  24  of  the  Education  Law  of  the  State  relating  to  such  child,  and  such 
other  information  as  may  be  required.     Persons  in  parental  relation  who  with- 


224  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

hold  such  information  shall  be  liable  to  the  penalty  prescribed  in  section  653  of 
article  24  of  the  Education  Law  of  the  State.  It  shall  be  the  duty  of  attendance 
officers,  acting  as  census  enumerators,  to  collect  the  information  prescribed  in 
section  650  of  article  24  of  the  Education  Law  and  such  other  information  as  the 
State  Commissioner  of  Education  or  the  board  of  education  may  require. 

The  director  of  the  bureau  of  compulsory  education,  school  census  and  child 
welfare,  herein  established,  shall,  subject  to  the  by-laws  of  the  board  of  education 
and  in  its  name,  enforce  the  compulsory  education  law,  direct  attendance  officers 
in  their  duty,  commit  and  parole  truant  and  delinquent  children  and  proceed 
against  those  in  parental  relation  in  the  manner  provided  in  section  635  of  chap- 
ter 140  of  the  Laws  of  1910  as  amended,  any  provision  of  the  said  law  or  of 
section  1078  of  the  charter  of  the  city  of  New  York  to  the  contrary  notwith- 
standing. The  assistant  director  shall  perform  such  duties  in  connection  with 
the  supervision  of  the  school  census,  or  otherwise,  as  the  director,  subject  to  the 
by-laws  of  the  board  of  education,  may  prescribe.  Under  the  direction  of  the 
board  of  education  the  city  superintendent  of  schools  shall  have  a  general  super- 
vision of  the  bureau  of  compulsory  education,  school  census  and  child  welfare. 

On  or  about  May  i,  1914,  the  board  of  education  shall  ascertain  the  informa- 
tion required  by  section  650  of  article  24  of  the  Education  Law  of  the  State 
relating  to  a  census  of  all  persons  within  the  city  of  New  York  between  the  ages 
of  four  and  eighteen  years  of  age.  Thereafter  such  census  shall  be  amended 
from  day  to  day  by  attendance  officers,  clerks  and  other  employees  under  the 
supervision  of  the  director,  as  changes  of  residence  occur  among  children  of  such 
city  within  the  ages  prescribed  in  this  article,  and  as  other  persons  come  within 
the  ages  prescribed,  and  as  other  persons  within  such  ages  shall  become  residents 
of  such  city,  so  that  said  board  of  education  in  its  census  bureau  shall  always 
have  on  file  a  complete  census  of  the  names  and  residences  of  the  children 
between  such  ages  and  of  the  persons  in  parental  relation  thereto. 

The  expense  of  carrying  out  the  provisions  of  this  act,  except  the  salaries  of 
directors  and  attendance  officers,  shall  be  paid  out  of  the  special  school  fund  as 
created  by  section  1060  of  the  charter  of  the  city  of  New  York. 

A  teacher  in  an  evening  school  is  in  no  sense  a  public  officer,  nor  is  the  compensation 
lie  receives  a  salary  fixed  by  law  as  an  incident  to  an  office.  The  board  of  education  has 
power  to  reduce  such  compensation  to  what  it  believes  his  services  are  worth,  in  the 
absence  of  an  express  agreement.  Morris  v.  Board  of  Education,  54  Misc.  605;  104  N.  Y. 
Supp.  979;  aff'd  124  App.  Div.  921. 

Idem;  secretary;  duties;  secretary  and  chief  clerk  may  administer  oaths 
§  1070  The  secretary  of  the  ])oard  of  education  shall  have  charge  of  the 
rooms,  books,  papers  and  documents  of  the  board,  and  shall,  in  addition  to  his 
duties  as  secretary  of  the  board,  perform  such  other  duties  as  may  be  required  by 
its  members  or  committees.  The  secretary  and  the  chief  clerk  of  said  board 
are  authorized  to  administer  oaths  and  take  affidavits  in  all  matters  appertaining 
10  the  schools  in  the  city  of  New  York,  and  for  that  purpose  shall  possess 
all  the  powers  of  a  commissioner  of  deeds,  but  shall  not  be  entitled  to  any 
uf  the  fees  or  emoluments  thereof. 


EDUCATION    CODE  225 

Idem;    provide  for  branches  etc.,  in  boroughs 

§  1071  The  board  of  education  shall  make  provision  for  the  organization  in 
the  various  boroughs  of  such  branches  as  they  may  deem  necessary  in  the 
bureaus  of  the  superintendents  of  school  buildings  and  of  school  supplies,  and 
shall  make  such  provisions  by  its  by-laws  as  will  secure  prompt  and  efficient 
service  for  the  selection  and  acquisition  of  sites,  the  planning  and  erection  of 
new  buildings  for  school  purposes,  and  for  the  alteration  and  repair  of  existing 
buildings,  and  for  the  regulation  of  the  jnirchase  and  distribution  of  school 
Ijooks  and  supplies,  and  for  the  execution  and  carrying  into  effect  of  all  matters 
and  things,  authority  for  which  shall  have  been  granted  by  the  board,  and  for 
the  preservation  of  all  school  records.  Subject  to  such  by-laws,  the  superin- 
tendent of  school  buildings  shall  be  the  executive  officer  of  the  board  in  respect 
to  all  matters  relating  to  the  bureau  of  buildings,  or  in  respect  to  which  he  is 
charged  with  duties  under  the  provisions  of  this  act.  He  shall  advertise  for  bids 
for  the  erection,  alteration  or  repair  of  any  building  to  be  used  for  educational 
purposes  in  the  city  of  New  York  which  has  been  authorized  by  the  board  of 
education. 

Superintendent  of  school  buildings ;  oath  and  security  by ;  subject  to  regula- 
tions of  board;  vacancy  in  office 
§  1072  The  superintendent  of  school  buildings  shall  take  and  subscribe  before 
the  secretary  or  the  chief  clerk  of  the  board  of  education,  the  oath  prescribed 
by  the  constitution  of  this  State,  and  give  such  security  for  the  faithful  per- 
formance of  the  duties  of  his  office  as  the  board  of  education  may  direct ; 
and  the  bureau  under  his  charge  shall  be  subject  to  such  rules  and  regulations 
as  the  board  may  establish,  one  of  which  shall  prohibit  the  performance  by  him  of 
any  work,  on  any  other  account,  similar  to  that  performed  under  the  regulations 
so  established,  except  for  the  Normal  College  of  the  City  of  New  York,  and 
like  institutions  in  the  department  of  education.  Any  vacancy  in  the  said  office 
of  superintendent  of  school  buildings  shall  be  filled  by  appointment  for  the 
unexpired  term. 

Idem;  deputy  in  each  borough;  plans  for  school  buildings 

§  1073  The  superintendent  of  school  buildings  may  appoint  a  deputy  super- 
intendent for  each  of  the  boroughs,  who  shall  be  an  architect  or  engineer  in 
good  standing,  and,  with  the  authority  of  the  board  of  education,  he  may 
empower  a  deputy  superintendent  in  his  place  and  stead  to  execute  all  the 
duties  of  superintendent  and  such  other  duties  as  the  board  of  education  may, 
by  regulation,  prescribe.  All  plans  for  new  school  buildings,  for  additions  to 
school  buildings,  and  for  structural  changes  in  old  buildings,  shall  be  passed 
upon,  and  must  be  approved  by  the  superintendent  of  school  buildings,  who  shall 
submit  such  plans  to  the  board  of  education,  whose  action  thereon  shall  be  final. 

Where  a  contract  for  the  erection  of  a  schoolhouse  provides  that  the  decision  of  the 
superintendent  of  school  buildings  on  any  question  as  to  the  execution  of  the  contract 
8 


226  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

shall  be  final  and  conclusive  upon  the  contractors,  such  decision  is  conclusive  in  the 
absence  of  fraud  or  plain  and  palpable  mistake.  Jones  v.  City  of  New  York,  60  App.  Div. 
161 ;  70  N.  Y.  Supp.  46. 

Idem;  appointment  of  janitors 

§   1074  Janitors  shall  be  appointed  by  the  board  of  education. 

A  janitor  may  be  removed  by  the  board  of  education  without  trial  or  judicial  hearing. 
The  fact  that  he  has  been  given  a  hearing  does  not  make  the  action  of  the  board  a  judicial 
determination  reviewable  by  certiorari.  People  ex  rel.  Purcell  v.  Simonson,  66  App.  Div. 
18;  72  X.  Y.  Supp.  957. 

Board  of  education;  purchase  of;  and  regulations  regarding,  supplies 

§  1075  The  board  of  education  shall  provide  for  the  purchase  of  all  books, 
apparatus,  stationery  and  other  things  necessary  and  expedient  to  enable  the 
schools  of  the  city  to  be  properly  and  successfully  conducted.  It  shall  cause 
to  be  furnished  all  necessary  supplies,  and  shall  make  regulations  for  the 
furnishing  thereof  to  the  schools  in  the  several  boroughs.  The  board  of  educa- 
tion shall  have  power  to  enact  by-laws  and  resolutions  for  the  government 
of  the  superintendent  of  supplies,  which  by-laws  and  resolutions  shall  provide 
that  all  supplies,  as  far  as  possible,  shall  be  obtained  by  contract,  made  at  public 
letting  in  the  manner  provided  by  section  419  of  this  act. 

Superintendent  of  supplies;  oath  and  security  by;  subject  to  regulations  of 
board ;  vacancy ;  deputy  superintendents  and  subordinates ;  depots  of 
supplies 

§  1076  The  superintendent  of  school  supplies  shall  take  and  subscribe  before 
the  secretary  or  the  clerk  of  the  board  of  education  the  oath  prescribed  by  the 
constitution  of  this  State,  and  shall  give  such  security  for  the  faithful  perform- 
ance of  the  duties  of  his  office  as  the  board  of  education  may  direct ;  and  the 
bureau  under  his  charge  shall  be  subject  to  such  rules  and  regulations  as  tlie 
board  may  establish.  Any  vacancy  in  the  said  office  of  superintendent  of  school 
supplies  shall  be  filled  by  appointment  for  the  unexpired  term.  The  superin- 
tendent of  school  supplies  may  appoint  such  deputy  superintendents  and  such 
other  subordinates  as  the  by-laws  of  the  board  of  education  inay  authorize,  and 
he  may,  with  the  authority  of  said  board,  empower  a  deputy  superintendent 
in  his  place  and  stead  to  execute  all  the  duties  of  the  superintendent,  and  such 
other  duties  as  the  board  of  education  may  by  regulation  prescribe.  He  shall 
establish  such  depots  of  supplies  in  any  of  the  boroughs  as  may  be  authorhed 
by  the  board  of  education.  The  superintendent  of  school  supplies  shall  be  the 
executive  officer  of  the  board  in  respect  of  the  purchase,  storing  and  distribution 
of  all  supplies  for  the  use  of  the  schools,  the  board  of  education,  the  officers 
and  the  employees  thereof,  the  several  local  school  boards  and  the  office  of  the 
city  superintendent ;  the  printing  for  the  board  and  any  of  its  officers,  employees 
or  departments,  and  the  local  school  boards  :  transportation  of  school  children ; 
and  such  other  matters  as  may  be  assigned  to  him  as  such  executive  officer  by  the 
by-laws  of  the  board.  He  shall  advertise  for  bids  for  supplies  and  equipments, 
for  the  use  of  the  schools,  the  board  of  education  or  any  of  the  bureaus  thereof 


EDUCATION    CODE  22"] 

and  the  several  local  school  boards,  which  have  been  authorized  by  the  board  of 
education,  and  when  such  advertisement  is  required  by  law  or  the  by-laws  of 
the  board. 

City  superintendent  of  schools;  rights  and  duties 
^  1077  The  city  superintendent  of  schools  shall  have  the  right  of  visitation 
and  inquiry  in  all  of  the  schools  of  the  city  of  New  York  as  constituted  under 
this  act.  and  he  shall  report  to  the  board  of  education  on  the  educational  system 
of  the  city,  and  upon  the  condition  of  any  and  all  of  the  schools  thereof.  He 
shall  have  a  seat  in  the  board  of  education,  and  the  right  to  speak  on  all  matters 
before  the  board,  but  not  to  vote. 

Idem;  further  duties;  annual  report;  clerks  of  main  office 
5{  1078  The  city  superintendent  of  schools,  so  often  as  he  can  consistently 
with  his  other  duties,  shall  visit  the  schools  of  the  city  as  he  shall  see  tit,  and 
inquire  into  all  matters  relating  to  the  government,  course  of  instruction, 
methods  of  teaching,  management  and  discipline  of  such  schools,  and  the  con- 
dition of  the  schoolhouses  and  of  the  schools  generally ;  and  shall  advise  and 
encourage  the  pupils  and  teachers  and  officers  thereof;  subject  to  the  by-laws 
of  the  board  of  education,  he  shall  prescribe  suitable  registers,  blanks,  forms 
and  regulations  for  the  making  of  all  reports,  and  for  conducting  all  necessary 
business  connected  with  the  school  system  and  he  shall  cause  the  same,  with 
such  information  and  instructions  as  he  shall  deem  conducive  to  the  proper 
organization  and  government  of  the  schools,  and  the  due  execution  of  their 
duties  by  school  officers,  to  be  transmitted  to  the  officers  or  persons  entrusted 
with  the  execution  of  the  same.  He  shall  submit  to  the  board  of  education  an 
annual  report  containing  a  statement  of  the  conditions  of  the  schools  of  the 
city,  and  all  such  matters  relating  to  his  office,  and  such  plans  and  suggestions 
for  the  improvement  of  the  schools  and  the  school  system,  and  for  the  advance- 
ment of  public  instruction  in  the  city  of  New  York  as  he  shall  deem  expedient, 
and  as  the  by-laws  of  the  board  of  education  may  direct.  He  shall  under  the 
direction  of  the  board  of  education  enforce  the  compulsory  education  law.  and 
shall  nominate  attendance  officers  to  the  board  of  education  and  shall  direct  such 
officers  in  their  duties.  He  may  appoint  such  clerks  as  he  may  deem  necessary, 
and  as  are  authorized  by  the  board  of  education.  He  shall  assign  his  clerks  to  the 
various  duties,  and  may  suspend  or  discharge  them  for  cause,  but  in  such  case, 
the  clerks  shall  have  a  right  of  appeal  to  the  board  of  education.  He  shall  report 
as  often  as  the  board  of  education  shall  direct  upon  any  matter  or  matters,  en- 
trusted to  his  charge,  in  such  detail  as  shall  be  required  of  him.  He  shall  main- 
tain his  main  office  in  the  borough  of  Manhattan,  and  in  such  building  as  the 
board  of  education  shall  direct.  He  shall  have  power,  at  any  time,  to  call  together 
any  or  all  of  the  associate  city  superintendents  and  district  superintendents  for 
consultation,  and  shall  assign  to  them,  subject  to  the  by-laws  of  the  board  of 
education,  such  duties  as  in  his  judgment  will  be  conducive  to  the  welfare  of 
the  public  schools  of  the  city  of  New  York.    Twenty-three  of  the  district  super- 


228  THE    UNIVERSITY   OF    THE    STATE   OF    NEW    YORK 

inteudents  shall  be  assigned  by  the  city  superintendent  to  the  work  of  super^'ision 
in  the  local  school  board  districts,  to  be  constituted  as  hereinafter  provided,  in 
such  manner  that  one  district  superintendent  shall  be  assigned  to  such  duty 
in  two  of  such  districts  for  the  period  of  one  school  year.  At  the  end  of  such 
period  the  city  superintendent  shall  have  power  to  change  such  assignments  as  he 
may  deem  best  for  the  interests  of  the  school  system,  but  only  in  the  manner 
above  provided.  District  superintendents  when  not  so  assigned  to  such  duty  in 
said  districts  shall  be  assigned  by  the  city  superintendent  to  such  other  profes- 
sional duties  as  the  welfare  of  the  school  system  may  require.  It  shall  further 
be  the  duty  of  the  city  superintendent  to  report  any  case  of  gross  misconduct, 
insubordination,  neglect  of  duty,  or  general  inefficiency  on  the  part  of  any  associate 
city  superintendent  or  district  superintendent  to  the  board  of  education.  The 
city  superintendent  may  empower  an  associate  city  superintendent  to  execute  all 
the  duties  of  the  city  superintendent  during  his  absence  or  disability.  (As 
amended  by  L.  iQi^,  ch.  4^.) 

City  superintendent,  associate  city  superintendents,  board  of  superintendents, 
district  superintendents  and  directors 

§  1079  There  shall  be  eight  associate  city  superintendents,  who,  with  the  city 
superintendents,  shall  constitute  the  board  of  superintendents.  They  shall  be 
appointed  by  the  board  of  education  by  a  vote  of  a  majority  of  its  members,  and 
shall  serve  for  the  term  of  six  years,,  provided,  however,  that  the  borough  super- 
intendents in  office  on  the  ist  day  of  January,  1902.  shall  serve  out  as  associate 
city  superintendents  the  terms  for  which  they  were  appointed  by  the  respective 
borough  school  boards  heretofore  existing,  and  upon  the  expiration  of  their 
respective  terms  of  office  their  successors  shall  be  appointed  in  the  manner  and 
for  the  term  herein  provided,  and  provided  also  that  the  other  four  associate  city 
superintendents  shall  be  appointed  from  the  associate  borough  superintendents  in 
office  on  the  ist  day  of  January,  1902,  and  when  so  appointed  they  shall  serve  out 
as  associate  city  superintendents  the  terms  for  which  they  were  respectively 
appointed  as  such  associate  borough  superintendents.  The  city  superintendent 
shall  preside  over  the  board  of  superintendents,  and  all  communications  from  the 
board  shall  be  made  in  his  name  unless  in  any  special  case  he  may  otherwise  elect. 
The  board  of  education  shall  have  power  to  pass  by-laws  regulating  the  duties  of 
the  city  superintendent  and  of  the  board  of  superintendents.  There  shall  be  twenty- 
six  district  superintendents  to  be  appointed  by  the  board  of  education  for  the  term 
of  six  years  upon  the  nomination  of  the  board  of  superintendents,  provided, 
however,  that  the  associate  borough  superintendents  in  office  on  the  ist  day  of 
January,  1902,  shall  serve  out  as  associate  city  superintendents  or  as  district 
superintendents  the  terms  for  which  they  were  appointed  as  such  associate 
borough  superintendents  by  the  resi)ectivc  borough  school  boards  here- 
tofore existing ;  and  upon  the  expiration  of  their  respective  terms  of 
office  their  successors  shall  be  appointed  in  the  manner  and  for  the 
term    above    provided.     The    offices   of    borough     superintendent    of     schools 


EDUCATION    CODE  229 

and  associate  borough  superintendent  of  schools  shall  be  abolished  on  the 
1st  Monday  of  February,  1902.  Except  as  herein  otherwise  provided,  no  person 
shall  be  eligible  for  election  as  city  superintendent,  associate  city  superintendent, 
or  district  superintendent  who  has  not  one  of  the  following  qualiticaiions:  (a) 
graduation  from  a  college  or  university  recognized  by  The  University  of  the 
State  of  New  "^'ork,  together  with  at  least  five  years  of  successful  experience  in 
teaching  or  supervision  since  graduation;  (b)  a  principal's  certificate  for  any  of 
the  boroughs  of  the  city  of  New  York  obtained  as  a  result  of  examination, 
together  with  ten  years'  successful  experience  in  supervision  or  teaching.  Resig- 
nations of  the  city  superintendent  and  the  associate  city  superintendents  shall  be 
made  to  the  board  of  education.  Resignations  of  the  district  superintendents 
and  directors  of  special  branches  shall  be  made  to  the  board  of  superintendents 
and  shall  be  reported  immediately  to  the  board  of  education.  The  board  of 
education  shall  have  power,  upon  the  nomination  of  the  board  of  superintendents, 
to  appoint  such  directors  of  special  branches  as  it  deems  necessary,  for  the  term 
of  six  years ;  such  directors  shall  be  subject  to  the  supervision  and  direction  of  the 
city  superintendent.  No  person  shall  be  eligible  for  election  as  director  of  a 
special  branch,  such  as  music,  drawing,  kindergarten,  etc.,  who  is  not:  (a)  a 
graduate  of  a  college  or  university  recognized  by  The  University  of  the  State  of 
New  York;  and  (b)  a  graduate  from  a  course  of  professional  training  of  at 
least  two  years  in  the  special  branch  that  he  is  to  supervise  or  teach;  and  (c) 
a  teacher  of  that  special  branch  with  at  least  three  years  of  successful  experience. 
Nothing  in  this  act  contained  shall  prevent  the  reelection  of  any  superintendent 
in  office  at  the  time  of  the  passage  of  this  act. 

General  duties  of  district  superintendents 
§  1080  Under  the  supervision  and  direction  of  the  city  superintendent,  district 
superintendents  shall  visit  every  school  in  the  district  to  which  they  are  assigned ; 
shall  inquire  into  all  matters  relating  to  the  government,  courses  of  study,  methods 
of  teaching,  discipHne  and  conduct  of  such  schools,  and  the  condition  of  the 
schoolhouses  and  of  the  schools  generally ;  shall  examine  classes  when  necessary ; 
and  shall  advise,  assist  and  encourage  the  pupils  and  teachers  thereof.  The 
district  superintendents  shall  report  the  results  of  such  inspections  and  examina- 
tions to  the  city  superintendent,  who  shall  transmit  such  parts  of  said  reports  as 
he  may  consider  necessary  or  proper  to  the  board  of  education  and  to  the  local 
school  boards  for  the  districts  for  which  the  same  are  made  respectively.  Such 
reports  shall  be  made  at  such  times,  concerning  such  matters,  and  in  such  form 
as  said  city  superintendent  shall  require.  It  shall  further  be  the  duty  of  each 
district  superintendent  to  report  to  the  local  school  board  within  any  district  to 
which  he  is  assigned,  and  through  the  city  superintendent  to  the  board  of  educa- 
tion, any  case  of  gross  misconduct,  neglect  of  duty,  or  general  inefficiency  arising 
in  such  district  on  the  part  of  any  principal  or  teacher  or  other  member  of  the 
educational  staff  within  his  jurisdiction. 


230  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Board    of   superintendents;    list   of   principals   etc.,   to   be    kept    by;    where 

principals  report 
§  1081  The  board  of  superintendents  shall  keep  a  list  of  all  principals  and 
teachers  in  the  service  of  the  board  of  education  in  the  several  boroughs,  with 
a  record  of  the  dates  of  their  appointment,  the  grades  and  classes  taught  by  them, 
and  such  other  matters  as  the  board  of  superintendents  may  prescribe.  Such  lists 
shall  be  open  to  the  inspection  of  teachers  (as  to  their  own  records  only),  of 
members  of  the  board  of  education,  of  the  members  of  the  local  school  boards, 
of  district  superintendents,  and  of  principals.  Principals  shall  report  to  the  city 
superintendent  or  to  the  district  superintendent  within  their  district  at  such  times, 
upon  such  matters,  and  in  such  form  as  the  city  superintendent  or  such  district 
superintendent  may  require. 

Promotion  or  transfer  of  pupils;  rules  and  regulations 

§  1082  The  board  of  superintendents  shall  establish  for  the  schools,  subject  to 
the  approval  of  the  board  of  education,  rules  and  regulations  for  the  reception  of 
pupils  in  the  schools  of  the  city,  the  promotion  of  pupils  from  grade  to  grade, 
from  school  to  school,  for  the  graduation  from  all  grades  of  schools,  and  for  the 
transfer  of  pupils  from  one  school  to  another. 

Recommendations  of  and  requisitions  for  textbooks  and  scholastic  supplies 

§  1083  The  board  of  education  shall,  upon  the  recommendation  of  the  board 
of  superintendents,  approve  textbooks,  apparatus  and  other  scholastic  supolies 
for  use  in  the  public  schools  of  the  city.  Requisitions  for  such  textbooks,  appa- 
ratus and  scholastic  supplies  shall  be  made  by  principals  upon  the  superintendent 
of  supplies  under  rules  to  be  established  by  the  board  of  education,  but  no  requi- 
sition for  any  school  shall  be  honored  unless  it  is  approved  in  writing  by  the  dis- 
trict superintendent  of  the  district  where  such  school  is  situated. 

Changing  grades  of  schools  and  classes;  courses  of  study 
§  1084  The  board  of  education  shall  have  power  to  change  the  grades  of  all 
schools  and  of  all  classes  of  the  schools  under  its  charge,  and  to  adopt  and  modify 
courses  of  study  for  all  schools.  No  such  change  or  modification,  however,  shall 
be  made  unless  such  proposed  change  or  modification  is  first  submitted 
to  the  board  of  superintendents.  The  said  board  of  superintendents  shall  there- 
upon within  such  time  as  the  by-laws  may  prescribe  and  not  less  than  forty  days 
thereafter  report  thereon.  In  case  such  report  is  adverse,  such  change  or  modifi- 
cation shall  not  be  effectual  unless  passed  by  a  vote  of  two-thirds  of  all  the 
members  of  the  board  of  education.     (As  amended  by  L.  191 3,  ch.  749.) 

Duties  of  the  board  of  superintendents,  city  superintendent,  district  superin- 
tendents and  supervisors   v>^ith  reference  to  special  branches 
§   1085  The  board  of  superintendents,  with  the  advice  of  the  directors  of  the 
respective  special  branches,  shall  assign  to  the  several  school  districts  such  teachers 


EDUCATION    CODE  23I 

of  drawing,  music,  physical  culture,  manual  training,  cooking,  sewing  or  other 
special  branches  as  the  board  of  education  may  appoint.  The  district  superin- 
tendents shall  assign  such  teachers  of  special  branches  to  their  duties  in  the 
schools  of  the  several  districts  to  which  they  are  appointed.  The  directors  of 
special  branches  shall  act  as  advisers  to  the  board  of  superintendents,  to  the 
district  superintendents,  and  to  principals,  with  regard  to  the  special  branches 
they  supervise ;  under  the  direction  of  the  city  superintendent  they  shall  examine 
the  work  in  their  several  branches,  report  upon  the  same,  and  instruct  special 
teachers  and  class  teachers  in  the  teaching  of  their  several  branches. 

Methods  of  teaching.  Syllabuses  of  topics 
§  1086  Subject  to  regulations  prescribed  by  the  board  of  superintendents,  and 
under  the  supervision  of  the  district  superintendent  in  charge,  the  principal  of 
each  school  shall  direct  the  methods  of  teaching  in  all  classes  under  his  charge. 
The  board  of  superintendents  shall  have  the  power,  from  time  to  time,  to  issue 
syllabuses  of  the  topics  in  the  various  branches  taught,  which  shall  be  regarded  as 
the  minimum  amount  of  work  required  in  such  branches. 

Power  to  create  local  school  board  districts;  presidents  of  the  boroughs  to 
appoint  members  of  the  local  school  boards;  terms,  organization  etc.,  of 
local  school  boards 

§  1087  Prior  to  the  15th  day  of  February,  1902.  the  board  of  education  shall 
divide  the  boroughs  under  its  charge  into  forty-six  local  school  board  districts, 
of  which  twenty-two  shall  be  wholly  in  the  borough  of  Manhattan,  fourteen 
wholly  in  the  borough  of  Brooklyn,  four  wholly  in  the  borough  of  the  Bronx, 
four  wholly  in  the  borough  of  Queens,  and  two  wholly  in  the  borough  of 
Richmond.  The  districts  in  each  borough  must  be  compact  in  form,  and,  as  near 
as  may  be,  of  equal  school  attendance  in  the  public  schools  therein.  Subject 
to  such  conditions  of  equality  of  school  atendance  and  that  the  districts  shall  be 
compact  in  form,  the  board  of  education  shall  thereafter  have  power  every  five 
years,  again  to  divide  the  said  boroughs  into  said  number  of  districts,  making  such 
changes  in  existing  districts  as  it  deems  proper.  Upon  the  division  of  the 
several  boroughs  into  such  districts,  and  upon  any  redivision  thereof  as  above 
provided,  the  board  of  education  shall  file  maps  of  the  same,  duly  authenticated 
by  the  secretary  of  the  board,  in  the  office  of  the  mayor  of  the  city  of  New 
York,  and  at  the  same  time  shall  also  file  in  the  office  of  the  president  of  each 
borough  a  duplicate,  similarly  authenticated,  of  the  portion  of  said  maps  showing 
the  division  or  redivision  of  such  borough  into  such  districts.  There  shall  be 
in  each  of  said  districts  a  local  school  board  consisting  of  seven  members,  as 
follows :  Five  persons  to  be  appointed  by  the  president  of  the  borough,  a  member 
of  the  board  of  education  designated  by  the  president  of  that  board,  as  hereinafter 
provided,  and  the  district  superintendent  assigned  to  duty  in  such  district  by  the 
city  superintendent,  as  hereinbefore  provided.  When  the  board  of  education, 
pursuant   to  the  powers  above   conferred,   shall   have   divided   any  borough   or 


232  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

boroughs  into  local  school  board  districts,  the  presidents  of  the  boroughs  in  which 
such  districts  are  located  respectively  shall,  within  thirty  days  thereafter,  appoint 
in  and  for  each  of  such  districts  five  members  of  the  local  school  board  to  hold 
office  respectively  as  may  be  designated  in  their  letters  of  appointment,  for 
one,  two.  three,  four  or  five  years  from  the  ist  day  of  January  next  following  the 
date  of  their  appointments.  Upon  the  expiration  of  their  respective  terms,  such 
presidents  shall  appoint  their  successors  for  the  full  term  of  five  years.  Where 
boundaries  of  any  of  the  local  school  board  districts  shall  be  changed  by  a 
redivision  of  a  borough  or  any  part  thereof,  the  board  of  education  shall  have 
power,  and  it  shall  be  its  duty,  to  designate  the  new  districts  within  which  the 
local  school  boards  appointed  for  districts  afifected  by  such  redivision  shall 
thereafter  act.  Such  designation  shall  be  made  in  such  manner  that  the  new 
district  within  which  any  local  school  board  shall  thereafter  act  shall  contain 
a  portion  of  the  district  for  which  such  board  was  originally  appointed.  Within 
such  new  districts  respectively  the  said  local  school  boards  shall  have  the  same 
powers,  duties  and  functions  theretofore  exercised  by  them  within  the  districts 
for  which  they  were  originally  appointed ;  and  they  shall  serve  out  as  members 
of  the  local  school  board  for  such  new  districts  the  term  of  office  for  which  they 
were  appointed  respectively.  All  members  of  local  school  boards  shall  serve 
without  pay,  and  shall  be  residents  of  the  districts  in  and  for  which  they  are  ap- 
pointed, except  that  where  local  school  boards  are  designated  by  the  board  of  edu- 
cation to  act  in  new  districts  created  as  aforesaid,  it  shall  not  be  necessary  for  the 
members  thereof  to  be  residents  of  such  districts  during  the  remainder  of  their 
terms  of  office  respectively.  Any  vacancy  in  any  local  school  board  caused  by 
death,  resignation  or  otherwise,  shall  be  filled  for  the  unexpired  term  by  the 
president  of  the  borough  where  such  vacancy  may  occur.  Each  local  school 
board  shall,  within  ten  days  after  all  the  members  thereof  shall  have  been 
apf)ointe(l,  in  the  year  1902,  and  on  the  second  Monday  of  January  in  every  year 
thereafter,  organize  by  the  election  of  two  of  its  members  as  chairman  and 
secretary.  It  shall  meet  as  often  as  may  be  necessary  for  the  efficient  perform- 
ance of  the  duties  imposed  upon  it,  and  not  less  than  once  in  each  month  excepting 
July  and  August.  The  president  of  the  board  of  education  shall  designate  each 
member  of  the  said  board  to  be  an  ex  officio  member  of  one  local  school  board 
within  the  borough  where  such  member  shall  reside,  and  he  shall  serve  as  a 
member  of  such  local  school  board  for  the  term  of  one  year  or  until  the  earlier 
expiration  of  his  term  of  office  as  a  member  of  the  board  of  education.  When 
a  member  of  the  board  of  education  shall  cease  for  any  cause  to  be  a  member  of 
the  local  school  board  to  which  he  is  designated,  the  president  of  the  board  of 
education  shall  designate  his  successor  as  above  provided.  A  member  of  the 
board  of  education  sitting  as  a  member  of  a  local  school  board  shall  have  power 
to  vote,  but  shall  not  be  eligible  for  election  as  the  chairman  or  secretary  of  such 
board.  The  district  superintendent  assigned  to  any  local  school  board  district 
as  herein  provided  shall  have  a  seat  in  the  local  school  board  district^  for  such 


'  So  in  the  original. 


EDUCATION    CODE  233 

district,  and  the  right  to  speak  on  all  matters  before  the  board.  But  he  shall 
not  have  the  right  to  vote  or  be  eligible  for  election  as  chairman  or  secretary  of 
the  board.  The  powers,  duties  and  functions  of  the  inspectors  of  common  schools 
in  office  on  the  31st  day  of  December,  1901,  shall  continue  until  the  15th  day  of 
February,  1902,  or  until  the  earlier  division  of  the  said  boroughs  into  local  school 
board  districts  as  above  provided,  when  they  shall  cease  and  determine  and  the 
offices  of  said  inspectors  shall  thereupon  be  abolished. 

Duties  of  local  school  boards 
§  1088  Subject  to  regulation  by  the  by-laws  of  the  board  of  education,  the 
duties  and  powers  of  the  local  boards  shall  be  as  follows :  (a)  In  their  respective 
districts,  they  shall  visit,  at  least  once  in  every  quarter,  all  the  schools  in  the 
district,  and  inspect  the  same  in  respect  to  punctual  and  regular  attendance  of  the 
pupils  and  teachers,  the  number  and  fidelity  of  the  teachers,  the  studies,  progress, 
order  and  discipline  of  the  pupils,  the  cleanliness,  safety,  warming,  ventilation  and 
comfort  of  school  premises,  and  the  observance  of  the  provisions  of  the  school 
laws  in  respect  to  the  teaching  of  sectarian  doctrines  or  the  use  of  sectarian 
books :  and  shall  call  the  attention  of  the  board  of  education,  without  delay,  to 
every  matter  requiring  official  action.  They  shall  also,  on  or  before  the  ist  day 
of  January  and  June  of  each  year,  make  a  written  report  to  the  board  of  education 
in  respect  to  the  condition  of  the  schools,  the  efficiency  of  teachers,  and  wants 
of  the  district,  especially  in  regard  to  schools  and  school  premises,  (b)  They 
shall  report  immediately  to  the  board  of  education  whenever  additional  accom- 
modation is  necessary  for  kindergarten  or  elementary  school  purposes,  with  a 
recommendation  of  the  sites  within  their  respective  districts  which  they  consider 
it  necessar}'  to  acquire  for  such  purposes.  They  shall  also  recommend  the 
erection  of  such  buildings  on  said  sites  or  on  any  other  property  owned  by  the 
city  of  New  York,  and  such  repairs  or  alterations  of  school  buildings,  as  they 
deem  necessary  or  desirable.  They  shall  from  time  to  time  when  additional  school 
accommodation  is  necessary  report  to  the  board  of  education  premises  which 
are  suitable  and  may  be  hired  for  that  purpose,  with  the  terms  upon  which  the 
same  may  be  obtained ;  such  report  shall  be  accompanied  by  a  certificate  from  the 
borough  president  that  the  premises  so  recommended  comply  with  the  law  and 
ordinances  in  relation  to  buildings  to  be  used  for  school  purposes,  (c)  They 
shall  report  immediately  to  the  board  of  education  any  dereliction  of  duty  on  the 
part  of  the  superintendent  of  supplies,  superintendent  of  school  buildings,  the 
city  superintendent,  or  any  of  their  deputies  or  assistants  or  the  employees  in  then- 
respective  departments,  and  they  shall  present  to  the  board  of  education  all  of 
the  facts  and  circumstances  constituting  such  dereliction  of  duty,  (d)  They  shall 
have  power  to  excuse  absences  of  teachers,  within  their  respective  districts, 
subject,  however,  to  the  approval  of  the  board  of  superintendents  in  cases  where 
teachers  are  excused  with  pay,  and  in  accordance  with  by-laws  of  the  board  of 
education  prescribing  rules  to  govern  all  such  cases,  (e)  They  shall  try  and 
determine  all  matters  relating  t^  discipline,  corporal  punishment  and  other  matters 


234  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

affecting  the  administration  of  the  schools  in  their  respective  districts  arising  upon 
the  complaint  of  pupils,  parents  or  guardians  against  teachers  or  principals,  and 
shall  impose  such  penalties  as  may  be  prescribed  by  the  by-laws  of  the  board 
of  education.  But  they  shall  not  have  power  to  pass  upon  any  such  complaint 
against  a  teacher  until  after  the  matter  has  been  referred  to  the  principal  of  the 
school  in  which  such  teacher  is  employed,  and  he  has  made  a  report  thereon. 
(/)  They  shall  have  power,  and  it  shall  be  their  duty,  to  try  charges  made  by  a 
principal,  a  district  superintendent  or  by  any  parent  or  guardian  of  a  pupil, 
residing  in  the  district,  against  a  teacher  employed  within  their  respective  districts, 
for  gross  misconduct,  insubordination,  neglect  of  duty  or  inefficiency.  On 
receiving  notice  of  said  charges  they  shall  immediately  proceed  to  try  and 
determine  the  case  and  shall  fix  the  penalty  or  punishment  to  be  imposed  for  the 
offense  committed,  which  shall  consist  of  a  fine,  suspension  for  a  fixed  time 
without  pay,  or  dismissal.  Their  determination  upon  such  charges  and  the 
penalty  or  punishment  imposed  therefor  shall  be  reported  immediately  to  the 
board  of  education,  which  may  reject,  confirm  or  modify  the  deteniiinations  of 
the  local  board,  and  the  penalty  or  punishment  imposed  and  the  decision  of  the 
board  shall  be  final  except  as  to  matters  in  relation  to  which,  under  the  general 
school  laws  of  the  State,  an  appeal  may  be  taken  to  the  State  Superintendent  of 
Public  Instruction,  (g)  They  shall  present  charges  of  any  dereliction  of  duty 
on  the  part  of  janitors  in  their  respective  districts  and  present  proof  thereof  to 
the  board  of  education,  {h)  They  shall  procure  the  enforcement  of  the  law 
and  the  by-laws  of  the  board  of  education  relating  to  the  sanitary  condition  of 
the  schools  and  the  health  of  the  pupils  in  their  respective  districts.  (/)  They 
shall  have  power  to  transfer  teachers  from  school  to  school  within  their  respective 
districts,  but  only  after  hearing  the  principals  of  the  schools  affected  by  such 
transfers,  and  subject  to  the  approval  of  the  board  of  superintendents,  provided, 
however,  that  such  transfer  shall  not  involve  promotion  or  increase  of  salary. 
(;')  They  shall  report  to  the  board  of  education  and  to  the  board  of  superintend- 
ents all  vacancies  in  the  teaching  force  as  soon  as  such  vacancies  shall  occur. 
(k)  Each  local  school  board  shall  have  power  and  it  shall  be  its  duty  to  adopt 
by-laws  regulating  the  exercise  of  all  powers  and  duties  vested  in  it,  which 
by-laws  shall  not  conflict  with  the  by-laws  of  the  board  of  education  or  with 
the  provisions  of  this  chapter.  Each  local  school  board  shall  keep  a  record  of  the 
proceedings  of  the  meetings  of  the  board,  which  shall  be  open  at  all  times  to 
inspection  by  the  board  of  education  or  any  member  thereof.  The  board  of 
education  shall  from  time  to  time  provide  for  such  expenses  and  furnish  such 
clerical  assistance  as  may  be  necessary  for  the  proper  performance  by  the  local 
school  boards  of  the  city  of  the  duties  imposed  upon  them  by  this  act.  The 
secretary  of  a  local  school  board  shall  have  charge  of  the  books,  papers  and 
documents  of  the  board.  He  is  hereby  authorized  to  administer  oaths  and  take 
affidavits  in  all  matters  pertaining  to  the  schools  of  the  city  of  New  York  in 
his  district,  in  which  a  local  school  board  has  power  to  act,  and  for  that  purpose 
.shall  possess  all  the  powers  of  a  commissioner  of  deeds,  but  shall  not  be  entitled 


EDUCATION    CODE  235 

to  any  fees  or  emoluments  thereof.  The  board  of  education  shall  provide  meeting 
places  for  the  local  school  boards,  which  may  be  in  any  of  the  school  buildings 
in  their  respective  districts. 

A  refusal  to  excuse  absences  of  a  teacher,  even  though  on  account  of  illness,  is 
within  the  discretionary  power  of  the  board.  Murphy  v.  Board  of  Education,  38  Misc. 
706 ;  78  N.  Y.  Supp.  248.  aff'd  87  App.  Div.  277 ;  84  N.  Y.  Supp.  380. 

Board  of  examiners;  teachers'  licenses,  etc. 
§  1089  A  board  of  examiners  is  hereby  constituted  whose  duty  it  shall  be  to 
examine  all  applicants  who  are  required  to  be  licensed  in  and  for  the  city  of  Xew 
York,  and  to  issue  to  those  who  pass  the  required  tests  of  character,  scholarship 
and  general  fitness,  such  licenses  as  they  are  found  entitled  to  receive.  Such 
board  of  exammers  shall  consist  of  the  city  superintendent  of  schools,  together 
with  four  persons  appointed  by  the  board  of  education  upon  the  nomination  of 
the  city  superintendent.  The  terms  of  the  first  four  examiners  so  appointed  shall 
be  one,  two,  three  and  four  years,  respectively,  and  as  their  terms  respectively 
expire,  their  successors  shall  be  appointed  for  a  full  term  of  six  years,  which 
shall  thereafter  be  the  full  and  regular  term  of  office  of  said  examiners.  They 
shall  be  paid  such  compensation  as  the  board  of  education  shall  prescribe.  The 
city  superintendent  of  schools  shall  have  power  with  the  consent  of  the  board  of 
education  to  employ  assistants  temporarily  at  rates  to  be  fixed  by  the  board  of 
education.  To  be  eligible  to  appointment  as  an  examiner,  an  applicant  must  pos- 
sess some  one  of  the  following  qualifications,  to  wit:  (a)  A  degree  or  diploma 
of  graduation  from  a  college  or  university  recognized  by  the  Regents  of  The  Uni- 
versity of  the  State  of  Xew  York,  together  with  at  least  five  years'  successful  expe- 
rience in  teaching  since  graduation,  (b)  A  state  certificate  obtained  as  the  result 
of  an  examination  held  since  1875,  together  with  at  least  ten  years'  successful 
experience  in  teaching,  (c)  The  highest  certificate  for  a  principal  or  superin- 
tendent in  force  when  this  act  takes  efifect  in  any  city  included  in  the  city  of  New 
York  as  constituted  by  this  act,  together  with  at  least  ten  years'  successful  expe- 
rience in  teaching.  Xo  associate  city  superintendent,  district  superintendent,  prin- 
cipal or  teacher  in  the  city  of  Xew  York  shall  be  allowed  to  serve  on  the  board  of 
examiners.  The  board  of  education  on  the  recommendation  of  the  hoard  of 
superintendents  shall  designate,  subject  to  the  requirements  of  the  State  school 
law  in  force  when  this  act  takes  efi'ect  or  that  may  thereafter  be  enacted,  the  kinds 
or  grades  of  licenses  to  teach  which  may  or  shall  be  used  in  the  city  of  Xew  York, 
together  with  the  academic  and  professional  qualifications  required  for  each  kind 
or  grade  of  license.  The  board  of  education,  on  the  recommendation  of  the  board 
of  superintendents,  shall  also  designate,  subject  to  the  like  limitations,  the  academ- 
ical and  professional  qualifications  required  for  service  of  principals,  branch  prin- 
cipals, supervisors,  heads  of  departments,  assistants  and  all  other  members  of  the 
teaching  staff.  The  board  of  examiners  shall  hold  such  examinations  as  the  city 
superintendent  may  prescribe,  and  shall  prepare  all  necessary  eligible  lists,  which 
shall  be  kept  in  the  office  of  the  city  superintendent  of  schools,  and  be  open  to 


236  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

inspection  by  members  of  the  board  of  education,  associate  city  superintendents 
and  district  superintendents,  and  local  school  boards.     All  licenses  shall  be  issued 
in  the  name  of  the  city  superintendent  of  schools.     Graduates  of  colleges  and 
universities  recognized  by  the  Regents  of  The  University  of  the  State  of  New 
York,  who  have  pursued  for  not  less  than  one  year  pedagogical  courses  satisfac- 
tory to  the  city  superintendent ;  graduates  of  schools  and  colleges  for  the  train- 
ing of  teachers,  approved  by  the  State  Superintendent  of  Public  Instruction;  and 
teachers  holding  a  state  certificate  issued  by  the  State  Superintendent  of  Public 
Instruction  since  the  year  1875,  or  holding  a  college  graduate's  certificate  issued 
by  the  same  authority,  or  persons  who  on  the  first  Monday  of  February.  1902, 
shall  be  associate  borough  superintendent  of  schools  in  any  borough  of  the  city 
of  New  York,  may  be  exempted,  in  whole  or  in  part,  from  such  examination  at 
the  discretion  of  the  city  superintendent.     The  names  of  those  to  whom  licenses 
have  been  granted,  including  those  exempted  from  examination  and  those  duly 
licensed  in  the  several  boroughs  prior  to  the  date  on  which  this  act  takes  eflfect. 
shall  be  entered  by  the  city  superintendent  upon  lists  to  be  filed  in  his  office,  a 
separate  list  being  made  for  each  grade  or  kind  of  license  for  which  the  board  of 
education  shall  by  its  by-laws  make  provision.     Such  eligible  lists  shall  not    be 
merged  and  one  eligible  list  shall  be  exhausted  before  nominations  are  made  from 
a  list  of  subsequent  date.     Provided,  however,  no  eligible  list  shall  remain  in  force 
for  a  period  longer  than  three  years,  excepting  the  principals'  eligible  list,  which 
shall  remain  in  full  force  and  efifect  until  exhausted.     Such  lists  shall  always  be 
open  to  the  inspection  of  the  members  of  the  board  of  education,  the  members  of 
the  local  school  boards,  the  associate  city  superintendents,  the  district  superintend- 
ents, and  the  principals  of  schools.     Except  as  city  superintendent  or  associate 
city  superintendent  or  district  superintendent,  as  director  of  a  special  branch,  as 
principal  of  or  teacher  in  a  training  school  or  as  principal  of  a  high  school,  no 
person  shall  be  appointed  to  any  educational  position  whose  name  does  not  appear 
upon  the  proper  eligible  list.     No  person  shall  teach  in  any  public  school  in  the 
city  who  has  not  such  license,  except  as  herein  otherwise  provided,  nor  shall  any 
unlicensed  teacher  have  any  claim  for  salary.     Licenses  to  teach  shall  be  issued 
by  the  city  superintendent  of  schools  for  a  period  of  one  year,  which  may  be 
renewed  without  examination  in  case  the  work  of  the  holder  is  satisfactory  to  the 
city  superintendent  for  two  successive  years.     At  the  close  of  the  third  year  of 
continuous,  successful  service,  the  city  superintendent  may  make  the  license  per- 
manent.    Authority  to  revoke  any  permanent  license  for  cause  shall  be  vested  in 
the  State  Superintendent  of  Public  Instruction.      (.'Is  ouicvdcd  by  L.  looi,  ch. 
718:  L.  IQ12,  ch.  .l^^j.) 

The  city  superintendent  is  made  the  custodian  of  the  lists  and  there  is  imposed  upon  him 
the  duty  of  preparing  such  lists  and  tiling  them  in  his  office.  Hence  he,  and  not  the  board 
of  examiners,  is  the  proper  party  against  whom  mandamus  should  be  brought  to  compel  the 
placing  of  a  name  on  the  lists.  Matter  of  Schlivinski  v.  Maxwell,  80  App.  Div.  313;  80 
N.  Y.  Supp.  726. 

The  power  to  issue  licenses  is  purely  executive,  ministerial  or  administrative  and 
not  in  any  sense  judicial,  and  hence  can  not  be  reviewed  by  certiorari.  Matter  of  Walker 
V.  Maxwell,  68  App.  Div.  196;  74  X.  Y.  Supp.  94. 


EDUCATION    CODE  237 

The  provision  as  to  making  the  license  permanent  is  not  mandatory;  and  the  fact 
that  the  probationary  term  of  three  years  of  a  person  teaching  under  a  temporary  Hcense 
is  extended  by  the  city  superintendent  by  special  license,  does  not  entitle  the  licensee  to 
receive  a  permanent  license.  People  ex  rel.  Finigan  v.  Bd.  of  Education.  106  App.  Div. 
loi  :  94  X.  Y.  Supp.  61 ;  aff'd  192  N.  Y.  572. 

Discrimination  between  males  and  females.  The  board  of  education  has  a  wide  dis- 
cretion in  determinino  whether  a  given  position  shall  be  filled  by  a  man  or  a  woman ;  so  it 
may  make  separate  eligible  lists  for  male  and  female  teachers,  and  may  appoint  a  male 
of  a  lower  relative  standing  to  a  position  which,  in  the  exercise  of  a  reasonable  discretion, 
the  board  determines  should  be  filled  by  a  man.  Fitzpatrick  v.  Board  of  Education,  69  Misc. 
78:   125  N.  Y.  Supp.  954. 

Separate  lists  for  men  and  women  license  holders  and  different  qualifications  for  men 
and  women  applicants  for  licenses  may  be  prescribed  by  the  board  of  education  in  its 
discretion.     Matter  of  Schlivinski  v.  Maxwell,  80  App.  Div.  313;  80  N.  Y.  Supp.  726. 

A  person  holding  a  temporary  license  to  teach  is  not  entitled  to  mandamus  to  reinstate 
her  in  her  position  as  teacher,  even  though  such  license  was  granted  prior  to  the  taking  effect 
of  the  charter.  People  ex  rel.  Christie  v.  Bd.  of  Education,  56  App.  Div.  368;  67  N.  Y. 
Supp.  836 :  aff'd  167  N.  Y.  626. 

Persons  licensed  prior  to  charter.  The  charter  provides  that  the  city  superintendent 
shall  make  up  a  single  list  of  all  persons  eligible  to  appointment  as  principals  of  schools, 
and  this  list  must  include  the  names  of  those  licensed  prior  to  the  time  the  charter  went  into 
effect.  People  ex  rel.  Goldey  v.  Maxwell,  65  App.  Div.  265,  ^2  N.  Y.  Supp.  527;  aff'd 
169   X.   Y.  608. 

But  this  section  relates  only  to  those  engaged  in  teaching  within  the  limits  of  Greater 
Xew  York  at  the  time  the  charter  went  into  effect.  So,  a  person  licensed  in  1855  and  who 
taught  in  the  grammar  schools  of  New  York  City  from  1861  to  1865,  but  has  had  no 
connection  with  such  schools  since,  is  not  entitled  to  have  his  name  placed  upon  a  list 
of  eligibles  for  the  position  of  principal  as  provided  by  this  section.  The  court  may  take 
judicial  notice  that  the  methods  of  instruction  have  so  changed  in  the  last  quarter  of  a 
century  that  those  who  were  competent  to  teach  then  would  not  necessarily  be  qualified  to 
teach  now.     People  ex  rel.  Sprague  v.  Maxw-ell,  87  App.  Div.  391 ;  84  X.  Y.  Supp.  947. 

The  provision  that  the  teachers  licensed  in  the  several  boroughs  prior  to  the  adoption 
of  the  charter  shall  be  included  in  the  eligible  lists  prepared  by  the  city  superintendent, 
applies  only  to  teachers  actually  engaged  in  teaching  at  the  time  the  charter  took  effect, 
and  not  to  a  person  who,  although  having  previously  taught,  resigned  prior  to  that  time. 
Matter  of  Walker,  120  App.  Div.  571;  105  N.  Y.  Supp.  533;  aff'd  190  N.  Y.  566. 

A  grade  "A"  license  of  the  former  city  of  Brooklyn  does  not  entitle  the  holder  to  an 
appointment  as  head  of  a  department  in  the  schools  of  Greater  New  York.  Hazen  v.  Board 
of  Education,  127  App.  Div.  235:  in  N.  Y.  Supp.  2)2>7- 

Teacher  in  the  town  of  Flushing.  The  mere  fact  that  a  person,  holding  a  second  grade 
school  commissioner's  certificate,  was  a  teacher  in  a  public  school  in  the  town  of  Flushing 
at  the  time  that  town  was  incorporated  into  Greater  New  York,  did  not  constitute  that 
person  a  member  of  the  teaching  staff  of  the  greater  city,  nor  did  the  issuance  to  her 
thereafter  of  a  first  grade  school  commissioner's  certificate  affect  her  status  as  a  member 
of  the  teaching  force  of  the  city.  People  ex  rel.  Finegan  v.  Bd.  of  Education,  106  App.  Div. 
loi ;  94  N.  Y.  Supp.  61 ;  aff'd  192  N.  Y.  572. 

Appointment  and  resignation   of  principals  and  teachers 

^   logo  Princi])als.  branch  principals,  heads  of  departments,  teachers,  assistants 

and  all  other  members  of  the  teaching  staff,  shall  be  appointed  by  the  board  of 

education  on  the  nomination  of  the  board  of  superintendents.     Such  nominations 

and  appointments  shall  be  made  except  in  the  case  of  high  schools  or  training 


238  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

schools  for  teachers,  for  the  several  local  school  board  districts  respectively,  and 
when  so  made  the  principals,  branch  principals,  heads  of  departments,  teachers, 
assistants  and  all  other  members  of  the  teaching  stafif  shall  be  assigned  to  duty 
to  such  schools,  and  to  such  positions  in  such  schools,  as  the  board  of  superin- 
tendents shall  determine.  Where  practicable,  teachers  shall  be  appointed  for  dis- 
tricts in  the  boroughs  where  they  reside.  Teachers  and  principals  may  be  pro- 
moted or  transferred  from  one  school  to  any  other  school  within  the  city  by  the 
board  of  superintendents  subject  to  the  approval  of  the  board  of  education;  pro- 
vided, however,  that  a  teacher  shall  not  be  transferred  from  a  school  in  one  bor- 
ough to  a  school  in  another  borough  without  his  or  her  consent.  For  all  pur- 
poses affecting  the  appointment,  promotion  or  transfer  of  the  teachers  in  any 
school,  the  district  superintendent  assigned  to  the  district  in  which  such  school  is 
situated,  the  principal  of  such  school  and,  in  the  case  of  transfer,  the  district 
superintendent  and  the  principal  of  the  school  to  which  it  is  proposed  to  transfer 
a  teacher,  shall  have  seats  in  the  board  of  superintendents,  with  votes  on  such 
proposition.  The  provisions  of  this  section  shall  not  be  held  to  affect  or  impair 
the  power  of  the  several  local  school  boards  to  transfer  teachers  from  school  to 
school  within  their  respective  districts,  as  hereinbefore  provided.  The  nomina- 
tions provided  for  above  must  be  made  from  the  list  of  properly  certificated  prin- 
cipals and  teachers  and  other  persons  eligible  for  service  in  the  positions  to  be 
filled,  in  the  regular  order  of  the  standing  of  the  candidates  on  said  lists,  provided, 
however,  that  the  board  of  superintendents  may  consider  for  each  appomtment 
the  three  persons  whose  names  are  highest  on  the  appropriate  eligible  lists.  Exist- 
ing eligible  lists  in  the  city  of  New  York  and  the  relative  standing  of  persons 
whose  names  are  on  said  lists  shall  not  be  effected  by  the  passage  of  this  act.  The 
time  within  which  said  board  of  education  shall  finally  act  upon  said  nominations, 
either  by  appointing  such  principal  or  teacher  or  other  officer  or  by  rejecting  such 
nominations,  is  hereby  fixed  at  forty  days  from  the  filing  of  such  recommendation 
in  the  office  of  the  secretary  of  the  board.  The  failure  on  the  part  of  the  board 
of  education  to  confirm  or  to  reject  a  nomination  within  the  time  prescribed  herein 
shall  be  held  as  equivalent  to  the  appointment  of  the  principal  or  teacher  nomi- 
nated. Tn  case  of  a  failure  or  of  repeated  failures  to  appoint,  other  names  shall 
be  submitted  to  the  board  of  education  for  its  consideration  within  two  weeks 
after  each  failure,  until  an  appointment  is  made.  In  case  of  the  consolidation 
of  schools  or  of  the  discontinuance  of  any  school,  principals  and  teachers  of 
good  standing,  who  thereby  may  be  deprived  of  employment,  shall  be  preferred  in 
appointments  to  be  made  in  any  of  the  schools  of  the  city.  Resignations  of  prin- 
cipals and  teachers,  and  of  all  other  members  of  the  teaching  staff,  shall  be  made 
to  the  city  superintendent. 

Mandamus  to  compel  appointment  of  petitioner  to  position  of  assistant  to  the  principal 
or  head  of  dcpairtmcnt  on  the  nomination  of  the  board  of  superintendents,  will  be  denied 
where  application  was  not  made  within  forty  days  from  liling  such  recommendation  and 
while  a  vacancy  existed  to  which  the  board  of  education  could  have  appointed  the  petitioner. 
Norman  v.  Board  of  Education,  203  N.  Y.  548,  aff'g  142  App.  Div.  939. 


EDUCATION    CODE  239 

A  principal  may  be  transferred  to  another  borough  without  his  consent.  In  the  require- 
ment of  the  consent  of  a  teacher  to  such  transfer,  the  word  teacher  is  not  used  generically 
to  include  principal.  Matter  of  Barringer  v.  Board  of  Education,  140  App.  Div.  903;  125 
X.   Y.  Supp.  540. 

Senior  teachers.  L'nder  the  by-laws  of  the  board  of  education  providing  that  in  certain 
schools  extra  compensation  be  paid  to  the  teacher  of  highest  grade  for  acting  as  senior 
teacher,  such  a  teacher  who  was  appointed  by  the  principal  of  the  school  to  the  knowledge  of 
the  district  superintendent  so  to  act,  can  recover  the  additional  compensation,  although  not 
appointed  either  by  the  school  board  or  later  by  the  board  of  education.  Whether  acceptance 
of  his  regular  salary  estops  him  from  claiming  the  extra  compensation  is  a  question  for 
the  jury.     Dildine  v.  Board  of  Education,  133  App.  Div.  262;  117  N.  Y.  Supp.  578. 

A  principal  of  a  night  school,  who  was  also  principal  of  a  day  school,  is  not  entitled  to 
preference  in  appointment  to  the  principalship  of  a  night  school  when  through  the  discon- 
tinuance of  a  night  school  he  is  thrown  out  of  his  position  as  principal  thereof.  He  was 
not  deprived  of  his  employment  as  he  still  remains  principal  of  the  day  school  and  is  still 
in  the  employment  of  the  school  authorities.  It  is  the  deprivation  of  employment  which 
creates  the  right  to  a  preference,  and  not  a  mere  reduction  in  its  scope  and  extent.  Matter 
of  Cusack  v.  Bd.  of  Education,  89  App.  Div.  355;  85  N.  Y.  Supp.  991. 

Temporary  service.  The  mere  fact  that  a  school  teacher  temporarily  performs  the  duties 
of  a  higher  grade  than  that  to  which  she  is  appointed,  until  it  is  finally  filled  by  another 
appointment,  does  not  ipso  facto  entitle  her  to  the  higher  grade  or  to  the  salary  attached 
thereto.    Hoefling  v.  Board  of  Education,  120  App.  Div.  545;  104  X.  Y.  Supp.  94i- 

One  designated  to  act  temporarily  as  head  of  department  is  not  appointed  to  the  latter 
position  nor  entitled  to  the  salary  thereof.  Hazen  v.  Board  of  Education.  127  App.  Div. 
23s ',  III  X.  Y.  Supp.  337;  Gormley  v.  Board  of  Education,  129  N.  Y.  Supp.  I53- 

Appointment  without  necessary  qualification.  An  attempted  appointment  to  the  position 
of  vice  principal  of  a  school  is  invalid  where  the  appointee  does  not  hold  the  license  pre- 
scribed by  the  city  superintendent  of  schools.  Gormerly  v.  Board  of  Education,  129  N.  Y. 
Supp.   153. 

Holder  of  teacher's  license  issued  by  former  city  of  Brooklyn.  The  board  of  education 
has  no  power  to  provide  that  the  holder  of  a  grade  "A"  teachers  license  issued  by  the 
former  city  of  Brooklyn  shall  not  be  eligible  for  promotion  to  any  grade  in  the  last  two 
years  of  the  elementary  school  course  unless  he  pass  certain  examinations  and  possess 
certain  qualifications.  The  duty  imposed  upon  the  school  authorities  of  placing  the  names 
of  holders  of  grade  "A"  licenses  upon  the  special  list  of  those  eligible  for  promotion  is 
neither  judicial  nor  discretionary,  but  is  ministerial  and  a  writ  of  mandamus  will  issue  to 
compel  its  peforniance.  The  right  of  holders  of  such  licenses  to  have  their  names  placed 
on  the  list  for  promotion  is  not  affected  by  the  fact  that  their  percentage  ratings  have  been 
lost,  as  their  names  may  be  arranged  on  the  list  in  the  order  in  which  their  licenses  were 
issued.  Matter  of  Brooklyn  Teachers'  Assn.,  85  App.  Div.  47;  83  X.  Y.  Supp.  i  ;  aff'd  176 
X.  Y.  564. 

Board  of  education ;  power  to  fix  salaries ;  method,  regulating 

§  1 09 1  The  board  of  education  shall  have  power  to  adopt  by-laws  fixing  the 
salaries  of  all  members  of  the  supervising  and  the  teaching  staff ;  and  the  salaries 
of  all  principals  and  teachers  shall  be  regulated  by  merit,  grade  of  class  taught, 
length  of  service,  experience  in  teaching,  or  by  a  combination  of  these  consider- 
ations. Such  by-laws  shall  establish  a  uniform  schedule  of  salaries  for  the  super- 
vising and  the  teaching  staff  throughout  all  boroughs. 

The  salaries  of  the  members  of  the  supervising  and  teaching  staff's  shall  be  as 
follows : 


240  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

The  salary,  including  the  annual  increment,  to  which  a  present  member  is  enti- 
tled under  a  specific  salary  schedule  now  existing  shall  not  be  reduced,  nor  shall 
any  position  in  the  elementary  schools  to  which  any  member  of  the  supervising  or 
teaching  staff  was  eligible  on  December  31,  1911,  be  abolished  by  the  operation  of 
this  act.  Beginning  with  the  ist  day  of  January,  1912,  third  month  following  the 
taking  effect  of  this  act,  the  salaries,  including  the  annual  increments,  of  all  mem- 
bers shall  be  not  less  than  those  fixed  in  the  schedules  and  schedule  conditions 
approved  by  the  board  of  education  on  the  17th  and  24th  days  of  May,  191 1. 
After  said  date,  if  a  present  male  member  be  advanced  to  a  position  higher  in 
rank,  his  salary  including  the  annual  increment,  in  the  advanced  position  shall  be 
not  less  than  the  compensation  provided  by  statute  for  the  position  on  the  ist  day 
of  July,  191 1,  nor  less  than  that  received  by  him  immediately  prior  to  such  ad- 
vance. 

The  salary  and  annual  increment  of  any  male  person,  who  was,  on  Deceimber  31, 
191 1,  on  an  eligible  list  for  license  number  one,  or  who  was,  on  that  date,  serving 
as  a  pupil  teacher  in  the  fourth  term  work  of  any  training  school  for  teachers  in 
said  city,  or  who  was,  on  that  date,  a  student  in  any  such  training  school,  and  who 
was  appointed,  after  said  date,  from  an  eligible  list  for  license  number  one,  or 
who,  as  a  regularly  matriculated  student  in  any  college  located  in  the  city  of  New 
York  and  recognized  by  the  Regents  of  the  University  of  the  State  of  New  York, 
had,  prior  to  said  date,  completed  or  entered  upon  a  regularly  prescribed  course 
approved  by  the  State  Commissioner  of  Education,  in  the  department  of  education 
in  such  college,  and  who  was  appomted,  after  said  date,  from  an  eligible  list  for 
license  number  one,  or  who  had  resigned  from  the  teaching  force  of  the  public 
school  system  of  the  city  of  New  York,  prior  to  December  31,  1911,  and  was,  after 
said  date,  reappointed  from  an  eligible  Hst  for  license  number  one,  shall  be  not 
less  than  the  compensation  provided  by  statute  for  the  position  on  the  first  day 
of  July,  1911. 

The  salary  of  a  principal,  assistant  to  principal,  head  of  a  department  or 
male  teacher  in  the  grades  of  the  seventh  and  eighth  years  appointed  to  teach  in 
elementary  schools  prior  to  January  i,  191 2,  shall  be  not  less  than  that  now  fixed 
for  any  regular  teacher  in  the  elementary  schools.  In  the  schedules  of  salaries 
hereafter  adopted  there  shall  be  no  discrimination  based  on  the  sex  of  the  mem- 
ber, except  as  hereinbefore  provided.  A  copy  of  such  schedules  and  schedule 
conditions  approved  by  the  board  of  education  on  the  17th  and  24th  days  of  May, 
1911,  certified  by  the  secretary  of  the  board,  shall,  within  thirty  days  hereafter, 
be  filed  in  the  office  of  the  Secretary  of  State. 

1  he  board  of  examiners  shall  issue  to  a  principal  or  a  teacher  who  has  had 
experience  in  schools  other  than  the  schools  in  the  city  of  New  York,  a  certificate 
stating  that  the  experience  of  such  teacher  is  equivalent  to  a  certain  number  of 
years  of  experience  in  the  schools  of  the  said  city.  The  board  of  examiners  shall 
issue  to  a  principal  or  teacher  who  has  had  experience  in  schools  other  than  the 
high  and  training  schools  of  the  city  of  New  York,  a  certificate  stating  that  the 
experience  of  such  teacher  is  equivalent  to  a  certain  number  of  years  of  experience 


4 


EDUCATION    CODE  24! 

in  the  high  and  training  schools  of  the  said  city.  Such  certificates  made  by  the 
board  of  examiners  shall  be  final  and  conclusive  on  all  matters  pertaining  to  expe- 
rience therein  stated,  and  shall  entitle  fheir  holders  to  salaries  in  accordance  with 
the  schedules  of  salaries  established  in  conformity  with  this  section,  in  like  manner 
as  though  the  years  mentioned  in  such  certificates  had  been  served  in  those  schools 
of  the  city  of  New  York  that  are  respectively  mentioned  in  such  certificates. 
(As  amended  by  L.  igii,  ch.  go2 :  L.  1912,  ch.  4f)0:  L.  iQi^,  clis.  5?7.  8^^S: 
L.  loi-l,  ch.  264.) 

The  scheme  of  compensation  to  teachers  in  the  school  system  beginning  with  the 
creation  of  the  greater  city  has  been  on  a  basis  of  progression,  regulated  by  length  of 
service  and  by  experience  in  teaching.    Holmes  v.  Board  of  Education,  120  N.  Y.  Supp.  284. 

Claims  for  withheld  salaries  by  high  school  teachers  are  liquidated  claims ;  and  interest 
on  the  same  may  be  recovered  from  the  time  the  claims  accrued.  Holmes  v.  Board  of 
Education,  120  N.  Y.  Supp.  284. 

Annual  increment.  The  provision  authorizing  the  board  of  education  to  fix  a  uniform 
schedule  of  salaries,  was  intended  to  bring  about  uniformity  of  salaries  immediately,  or  so 
soon  as  it  can  be  accomplished  without  reducing  salaries.  Hence,  when  the  board  adopts  a 
schedule  fixing  the  minimum  and  maximum  salaries  of  women  principals  of  a  certain  grade 
with  provision  for  an  annual  increase  until  a  maximum  is  reached,  a  principal  in  that  grade 
whose  salary,  at  the  time  of  the  adoption  of  the  schedule,  exceeded  the  minimum  was  not 
entitled  to  the  annual  increase  until  the  salaries  of  other  principals  of  the  same  grade 
equal  hers  by  the  yearly  increase  adopted.  McHench  v.  Board  of  Education,  127  App.  Div. 
294;  III  N.  Y.  Supp.  303. 

The  spirit  of  the  section  requires  that  existing  salaries,  when  above  the  minimum  re- 
quired by  the  schedule  adopted,  should  be  continued  until  the  end  of  the  school  year  and 
that  the  individual  be  then  placed  under  the  proper  schedule,  provided  his  salary  be  not 
reduced  in  so  doing.    Loewy  v.  Board  of  Education,  59  Misc.  70;  112  N.  Y.  Supp.  4. 

Experience  in  schools  other  than  high  and  training  schools  of  city.  The  action  of 
the  board  of  examiners  in  refusing  the  relator  a  certificate  that  her  prior  experience  is 
equivalent  to  any  experience  in  the  high  and  training  schools  is  not  judicial  or  quasi- 
judicial,  where  it  does  not  appear  that  any  testimony  was  taken  by  the  board,  or  that  the 
action  of  the  board  was  the  result  of  conflicting  claims  urged  by  adversaries,  or  the  finding 
of  fact  based  on  the  presentation  of  conflicting  evidence ;  but  such  action  was  rather  a 
decision  based  on  the  exercise  of  discretion  and  judgment  peculiar  to  the  members  of  the 
board.  Hence  a  common-law  writ  of  certiorari  will  not  issue  to  review  the  action  of  the 
board,  such  writ  issuing  only  to  review  decisions  of  inferior  judicial  or  quasi-judicial 
tribunals.     People  ex  rel.  McNulty  v.  Maxwell,   123  App.  Div.  591  ;  1108  N.  Y.  Supp.  49. 

Reduction  of  salary.  A  school  principal  has  no  vested  right  in  her  salary.  Her  relation 
with  the  board  of  education  is  contractual,  and  her  contractual  right  is  affected  by  the 
statute  which  gives  the  board  power  to  make  by-laws  fixing  salaries.  So  the  board  may 
reduce  the  salary  she  is  receiving,  though  not  below  the  minimum  established  by  statute. 
Buckbee  v.  Board  of  Education.  115  App.  Div.  366;  100  N.  Y.  Supp.  943,  rev'g  51  Misc.  295: 
100  N.  Y.  Supp.  1063. 

Temporary  service.  The  mere  fact  tliat  a  school  teaclier  temporarily  performs  the 
duties  of  a  higher  grade  than  that  to  which  she  is  appointed,  until  it  is  finally  lilled  by 
another  appointment,  does  not  i[>so  facto  entitle  her  to  the  higher  grade  or  to  the  salary 
attached  thereto.  Hoefling  v.  Board  of  Education,  120  App.  Div.  545;  104  N.  Y.  Supp. 
941;  Hazen  v.  Board  of  Education,  127  App.  Div.  235;  in  N.  Y.  Supp.  ^2,7  \  Thomas  v. 
Board  of  Education,  201  N.  Y.  457,  aff'g  136  App.  Div.  721;  121  N.  Y.  Supp.  491; 
Wood  V.  Board  of  Education,  59  Misc.  605;  112  N.  Y.  Supp.  578. 

A  teacher  in  an  evening  school  is  not  a  public  officer  nor  is  his  salary  a  compensation 


24-  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

within  th«  meaning  of  this  section  and  is  not  governed  thereby ;  in  the  absence  of  special 
agreement,  the  by-laws  of  the  board  as  to  the  compensation  of  such  a  teacher  must  be 
deemed  a  part  of  his  contract  of  employment,  and  his  salary  may  be  reduced  in  accordance 
therewith.  Morris  v.  Board  of  Education,  54  Misc.  605;  104  N.  Y.  Supp.  979;  aff'd  124 
App.  Div.  921. 

The  salary  of  a  janitor  of  a  public  school  is  fixed  by  the  board  of  aldermen.  The 
charter  gives  that  board,  upon  recommendation  of  the  board  of  estimate  and  apportion- 
ment, the  power  to  fix  all  salaries  paid  out  of  the  city  treasury,  witli  certain  exceptions, 
and  there  is  no  authority  given  the  board  of  education  to  fix  the  salaries  of  janitors  of 
schools  though  the  power  to  appoint  them  is  specially  delegated  to  the  latter  board  by 
section  1074  of  the  charter.  People  ex  rel.  Ajas  v.  Board  of  Education,  104  App.  Div. 
162;  93  N.  Y.  Supp.  300;  Farrell  v.  Board  of  Education.  113  App.  Div.  405;  98  N.  Y.  Supp. 
1046;  Lester  v.  Board  of  Education,  119  N.  Y.  Supp.  887. 

The  salary  of  a  janitor  is  regulated  lay  the  revised  charter  of  the  city  of  New  York 
and  is  not  within  the  scope  of  the  provisions  of  the  labor  law  which  provide  that  laborers 
on  public  works  be  paid  the  prevailing  rate  of  wages  paid  to  laborers  not  engaged  upon 
public  works.  So  a  janitor  can  not  recover  in  excess  of  the  wages  he  receives  on  the 
theory  that  other  janitors  are  paid  higher  wages.  Farrell  v.  Board  of  Education,  113 
App.  Div.  405;  98  X.  Y.  Supp.  1046. 

The  salary  of  a  statistician  in  the  employ  of  the  department  of  education  in  the  city 
of  New  York  is  to  be  fixed  by  the  board  of  aldermen  to  the  exclusion  of  the  board  of 
education.  He  is  neither  a  member  of  the  supervising  or  the  teaching  staff.  Hogan  v. 
Board  of  Education,  200  N.  Y.  370,  aff'g  137  App.  Div.  255;  127  N.  Y.  Supp.  924. 

A  by-law  adopted  by  the  school  board  of  Brooklyn  construed  with  this  section  as 
amended.     Holmes  v.  Board  of  Education,  120  N.  Y.  Supp.  284. 

Public    school   teachers   retirement   fund 

§  1092  The  general  care  and  management  of  the  public  school  teachers  retire- 
ment fund  created  for  the  former  city  of  New  York  by  chapter  296  of  the  Laws 
of  1S94,  and  of  the  public  school  teachers  retirement  fund  created  for  the  former 
city  of  Brooklyn,  by  chapter  656  of  the  Laws  of  1895,  is  hereby  given  to  the  board 
of  education,  and  the  said  funds  are  hereby  made  parts  of  the  retirement  fund  of 
the  board  of  education  of  the  city  of  New  York  created  by  this  act.  The  board 
of  education  shall  from  time  to  time,  establish  such  rules  and  regulations  for  the 
administration  of  said  fund  as  it  may  deem  best,  which  rules  and  regulations  shall 
preserve  all  rights  inhering  in  the  teachers  of  the  city  of  New  York  and  the  city 
of  Brooklyn  as  constituted  prior  to  the  passage  of  this  act :  and  said  board  shall 
make  payments  from  said  fund  of  annuities  granted  in  pursuance  of  this  act. 
The  comptroller  of  the  city  of  New  York  shall  hold  and  invest  all  money  belong- 
ing to  said  fund,  and  by  direction  of  said  board  of  education  shall  pay  out  the 
same;  and  he  shall  report  in  detail  to  the  board  of  education  of  the  city  of  New- 
York,  annually,  in  the  month  of  January,  the  condition  of  said  fund  and  the  items  j 
of  the  receipts  and  disbursements  on  account  of  the  same.  The  said  retirement 
fund  shall  consist  of  the  following,  with  the  interest  and  income  thereof :  ( i ) 
All  money,  pay,  compensation  or  salary,  or  any  income  thereof  forfeited,  de- 
ducted, reserved,  or  withheld  for  any  cause  from  any  member  or  members  of  the 
teaching  or  supervising  staff  of  the  public  day  schools  of  the  city  of  New  York  or 
of  the  normal  college  and  training  dcjiartnicnt  of  the  Normal  College  of  the  City 


EDUCATION    CODE  243 

of  New  York,  or  of  schools  or  classes  maintained  in  institutions  controlled  by  the 
department  of  public  charities  or  by  the  department  of  correction,  in  pursuance 
of  rules  established  or  to  be  established  by  the  board  of  education,  or  by  the  board 
of  trustees  of  the  Normal  College  of  the  City  of  New  York,  or  by  the  commis- 
sioner of  public  charities,  or  by  the  commissioner  of  correction  for  scliools  or 
classes  maintained  by  such  commissioners  respectively.    The  auditor  of  the  board 
of  education,  the  auditor  of  the  board  of  trustees  of  the  normal  college,  the  com- 
missioner of  public  charities,  and  the  commissioner  of  correction   shall  certify 
montlily  to  the  comptroller  the  amounts  so  forfeited,  deducted,  reserved  or  with- 
held during  the  preceding  month.     .Said  amounts  shall  be  turned  into  the  said  re- 
tirement fund.     (2)    All  moneys  received  from  donations,  legacies,  gifts,  bequests. 
or  otherwise  for  or  on  account  of  said  fund.    (3)    Five  per  centum  annually  of  all 
excise  moneys  or  license  fees  belonging  to  the  city  of  New  York,  and  derived  or 
received  by  any  commissioner  of  excise  or  public  officer  from  the  granting  of 
licenses  or  premission  to  sell  strong  or  spirituous  liquors,  ale,  wine,  or  beer  in  the 
city  of  New  York,  under  the  provisions  of  any  law  of  this  State  authorizing  the 
granting  of  such  license  or  permission.     (4)  One  per  centum  of  the  salaries  of 
all  members  of  the  teaching  and  supervising  stalT  of  the  public  day  schools  of  the 
city  of  New  York,  and  of  the  normal  college  and  training  department  of  the  Nor- 
mal College  of  the  City  of  New  York,  and  of  schools  or  classes  maintained  in 
institutions  controlled  by  the  department  of  public  charities  or  by  the  department 
of  correction  of  the  city  of  New  York,  except  that  the  amount  deducted  from  the 
salary  of  any  teacher  or  principal  of  the  public  day  schools  of  the  city  of  New 
York  or  of  schools  or  classes  maintained  in  institutions  controlled  by  the  depart- 
ment of  public  charities  or  by  the  department  of  correction  of  the  city  of  New 
York,  in  this  manner,  shall  not  exceed  thirty  dollars  in  any  one  year,  and  the 
amount  deducted  from  the  salary  of  any  supervising  official,  in  this  manner,  shall 
not  exceed  forty  dollars  in  any  one  year.     And  the  board  of  education,  the  board 
of  trustees  of  the  normal  college,  the  commissioner  of  public  charities,  and  the 
commissioner  of  correction  shall,  after  the  passage  of  this  act,  deduct  on  each  and 
every  pay  roll  of  the  said  teaching  and  supervising  staff  said  one  per  centum  from 
each  and  every  amount  earnable  in  the  period  covered  by  the  said  pay  roll,  not- 
withstanding the  minimum  salaries  provided  for  by  section   109 1   of  the  charter 
shall  be  thereby  reduced,  and  shall  certify  monthly  to  the  comptroller,  the  amounts 
so  deducted ;  and  said  amounts  shall  be  turned  into  the  .'^aid  retirement  fund.     All 
deductions  made  under  the  provisions  of  this  clause  from  the  salary  of  any  per- 
son who  may  be  dismissed  from  the  service  for  cause,  before  said  person  shall 
have  become  eligible  for  retirement,  under  the  provisions  of  this  act.  shall  be 
refunded  to  said  person  upon  such  dismissal.      (5)   All  such  other  methods  of 
increment  as  may  be  duly  and  legally  devised  for  the  increase  of  said  fund.     The 
moneys  standing  to  the  credit  of  the  retirement  fund  on  the  31st  of  December. 
1904.  after  subtracting  therefrom  any  amounts  forfeited,  deducted,  reserved  or 
withheld  from  salaries  for  absences  prior  to  that  date,  which  may,  on  excuse  of 
absence,  be  refunded  after  that  date,  all  excise  moneys  of  1904  which  may  have 


244  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

been  credited  to  said  fund  on  or  before  that  date,  and  all  interest  for  1904  on  said 
fund,  which  may  have  been  credited  to  said  fund  on  or  before  said  date,  shall  be 
set  apart  by  the  comptroller  as  a  permanent  fund.     The  unexpended  balances  of 
the  income  of  the  teachers  retirement  fund  for  the  year  1905.  and  for  all  subse^ 
quent  years  shall  be  added  to  the  said  permanent  fund.     The  comptroller  shall 
mvest  the  said  permanent  fund,  and  the  income  thereof  may  be  used  for  the  pay- 
ment of  annuities,  but  if  necessary,  in  order  to  carry  out  the  provisions  of  this 
act,  the  board  of  education  may  use  any  portion  of  the  permanent  fund  in  excess 
of  eight  hundred  thousand  dollars  in  the  same  manner  as  the  income  thereof. 
The  president  of  the  board  of  education,  the  chairman  of  the  committee  on  ele- 
mentary schools  of  said  board,  the  chairman  of  the  committee  on  high  schools  of 
said  board,  the  city  superintendent  of  schools,  and  three  members  to  be  selected 
from  the  principals,  assistants  to  principals  and  teachers  of  the  public  day  schools 
shall  constitute  a  board  of  retirement.     The  three  last  named  members  shall  be 
chosen  as  follows :     On  the  second  Thursday  of  May  in  each  year  the  principals, 
assistants  to  principals  and  teachers  in  each  district  shall  meet  at  the  call  of  the 
district  superintendent,  which  call  he  shall  issue  at  least  one  week  before  said 
meeting,  and  at  a  place  within  the  district  designated  by  him.  to  select  by  ballot 
one  of  their  number  as  district  representative  to  serve  for  one  year.     At  the  close 
of  said  meeting,  the  presiding  officer  shall  transmit  to  the  secretary  of  the  board 
of  education  the  name  and  address  of  the  district  representative  so  chosen.     The 
district  representatives  shall  meet  at  four  o'clock  in  the  afternoon  on  the  third 
Thursday  of  May  at  the  hall  of  the  board  of  education  and  choose  by  ballot  one 
of  their  number  to  serve  on  the  board  of  retirement  for  three  years  from  the  ist 
day  of  the  following  June.     At  the  first  meeting  of  the  district  representatives 
after  this  law  takes  effect,  they  shall  choose  by  ballot  three  of  their  number  to 
serve  on  the  board  of  retirement,  and  the  three  so  chosen  shall  by  lot  fix  and  de- 
termine their  terms  of  office  as  one,  two,  and  three  years  respectively.     Should 
a  vacancy  occur  among  the  members  of  the  board  of  retirement  so  chosen,  the 
district  representatives  shall  meet  and  choose  by  ballot  one  of  their  number  to 
serve  on  the  board  of  retirement  for  the  unexpired  term.     On  the  recommenda- 
tion of  the  board  of  retirement,  said  board  of  education  shall  have  power,  by  a 
two-thirds  vote  of  all  its  members,  to  retire  any  member  of  the  teaching  or  super- 
vising staff  of  the  public  day  schools  of  the  city  of  New  York,  or  of  schools  or 
classes  maintained  in  institutions  controlled  by  the  department  of  public  charities 
or  by  the  department  of  correction  who  is  mentally  or  physically  incapacitated  for 
the  performance  of  duty,  and  who  has  been  engaged  in  the  work  of  teaching  or  of 
school  or  college  supervision,  or  of  examination  of  teachers  for  licenses,  or  any 
two  or  more   of   the   several  kinds  of   work,   for  a  period  aggregating  twenty 
years,  fifteen  of  which  shall  have  been  in  the  public  day  schools  in  the  city  of  New 
York,  or  in  schools  or  classes  maintained  in  institutions  controlled  by  the  depart- 
ment of  public  charities  or  by  the  department  of  correction.     And  the  board  of 
education  may  retire  from  active   service  any   member   of   the   said  teaching  or 
supervising  staff  who  shall  have  attained  the  age  of  sixty-five  years  and  shall  have 


EDUCATION    CODE  245 

been  engaged  in  the  work  of  teaching  or  school  supervision  for  a  period  aggre- 
gating thirty   years.     On   the   recommendation  of   the  board  of   retirement,   the 
board  of  education  shall  have  power,  by  a  two-thirds  vote  of  all  its  members,  to 
retire  upon  his  or  her  own  application  any  member  of  the  teaching  or  supervising 
staff  of  the  public  day  schools  of  the  city  of  New  York,  or  of  schools  or  classes 
maintained  in  institutions  controlled  by  the  department  of  public  charities  or  by 
the  department  of  correction  who  has  been  engaged  in  the  work  of  teaching  or 
of  school  or  college  supervision,  or  of  examination  of  teachers  for  licenses,  or 
any  two  or  more  of  these  several  kinds  of  work,  for  a  period  aggregating  thirty 
years,  fifteen  of  which  shall  have  been  in  any  of  the  said  institutions.     The  said 
board  of  education  shall  also  have  power,  by  a  two-thirds  vote  of  all  its  members, 
and  after  recommendations  to  that  effect  shall  have  been  made  by  the  board  of 
trustees  of  the  normal  college  stating  that  the  member  of  the  supervising  or  teach- 
ing force  is  mentally  or  physically  incapacitated  for  the  performance  of  duty,  to 
retire  any  member  of  the  teaching  or  supervising  force  of  the  normal  college  or 
of  the  training  department  of  the  normal  college  who  shall  have  been  engaged  in 
said  normal  college  or  training  department  or  elsewhere  in  the  public  school  sys- 
tem of  the  city  of  New  York  for  ten  years  and  shall  have  been  engaged  in  the 
work  of  teaching  or  of  school  or  college  supervision  or  of  examination  of  teachers 
for  licenses,  or  any  two  or  more  of  said  several  kinds  of  work,  during  a  period 
aggregating  twenty  years.     The  said  board  of  education,  upon  the  recommendation 
of  the  trustees  of  the  normal  college  may  also,  in  its  discretion  retire  any  member 
of  the  teaching  or  supervising  force  upon  his  or  her  own  application  who  shall 
have  been  engaged  in  the  work  of  teaching  or  school  or  college  supervision  or 
examination  of  teachers  for  licenses,  or  any  two  or  more  such  occupations,  for  a 
period  aggregating  thirty  years.     Upon  such  retirement,  whether  voluntary  or 
otherwise,  the  person  retired  shall  be  entitled  to  receive  an  annuity  out  of  the 
teachers  retirement  fund  of  not  less  than  one-half  of  the  annual  salary  paid  to 
such  person  at  the  period  of  retirement,  and  in  case  of  the  president  or  of  a  pro- 
fessor to  such  an  additional  sum  per  annum  as  will  increase  such  one-half  of  the 
salary  previously  paid  if  not  an  even  multiple  of  one  thousand  dollars  to  an  even 
multiple  of  one  thousand  dollars.     Any  person  retired  under  the  provisions  of 
this  act  after  thirty  years  of  service,  except  as  hereinbefore  in  this  section  pro- 
vided in  the  case  of  the  president  or  of  a  professor  of  the  normal  college,  shall 
receive  as  an  annuity  one-half  of  the  annual  salary  paid  to  said  person  at  the  date 
of  said  retirement,  not  to  exceed,  however,  in  the  case  of  a  teacher  or  principal, 
the  sum  of  fifteen  hundred  dollars  per  annum,  and  in  the  case  of  a  supervising 
official,  two  thousand  dollars  per  annum.     And  in  no  case  shall  the  annuity  of  any 
person  already  retired  or  hereafter  to  be  retired  after  thirty  years  of  service,  be 
less  than  six  hundred  dollars.     Any  person  retired  after  twenty  years  of  service, 
but  with  less  than  thirty  years  of  service,  shall  receive  an  annuity  which  bears 
the  same  ratio  to  the  annuity  provided  for  on  retirement  after  thirty  years  of  ser- 
vice as  the  total  number  of  years  of  service  of  said  person  bears  to  thirty  years. 
The  annuities  provided  for  by  this  act  shall  be  payable  in  monthly  instalments. 


246  THE    UNIVERSITY   OF    THE    STATE    OF    NEW    YORK 

All  retirements  made  under  the  provisions  of  this  act  shall  take  effect  either  on 

the  ist  day  of  February  or  on  the  ist  day  of  September.     The  number  of  persons 

retired  in  any  one  year  shall  be  so  limited  that  the  entire  amount  of  the  annuities 

to  be  paid  for  that  year  shall  not  be  in  excess  of  the  estimated  amount  of  the 

retirement  fund  applicable  to  the  payment  of  annuities  for  that  year.    The  words 

'•  teaching  and  supervising  staff  of  the  public  day  schools  of  the  city  of  New 

^  ork."  as  used  in  this  section,  shall  include  the  city  superintendent  of  schools,  the 

associate    city    superintendents,    the    district    superintendents,    the    director    and 

assistant  director  of  the  division  of  reference  and  research,  the  members  of  the 

board  of  examiners,   directors   and   assistant   directors   of   special   branches,  the 

supervisor   and   assistant  supervisor   of   lectures,   all   principals,   vice   principals, 

assistants  to  principals,  heads  of  departments,  and  all  regular  and  special  teachers 

of  the  public  day  schools  of  the  city  of  New  York.     Nothing  in  this  act  shall  be 

construed  as  prohibiting  the  reappointment  to  active  service,  on  his  or  her  own 

application,  of  any  person  who  has  been  retired  under  the  provisions  of  this  act. 

Upon  the  reappointment  of  any  such  person  the  payment  of  the  annuity  of  said 

person  shall  be  discontinued.     Teachers  hereafter  appointed  in  schools  or  classes 

maintained  in  the  institutions  controlled  by  the  department  of  public  charities  or 

by  the  department  of  correction,  shall  be  appointed  by  the  commissioner  of  the 

appropriate  department  upon  the  nomination  of  the  city  superintendent  of  schools 

and  shall  be  licensed  by  the  board  of  examiners  of  the  department  of  education. 

The  department  of  education  through  such  representatives  as  it  may  designate 

shall  maintain  an  effective  visitation  and  inspection  of  all  such  schools  and  classes. 

(As  amended  by  L.  1902,  cli.  640:  L.  iQOj,  ch.  lyj;  L.  /yoj,  cli.  661;  L.  iQOj, 

ch.  167:  L.  19 1 4,  cli.  4/6.) 

Acceptance  by  a  teacher  of  a  less  sum  for  wages,  and  subsequently  for  pension,  than 
is  due  her  under  the  statute,  does  not  act  as  a  waiver  for  the  balance  due,  even  though 
she  receipt  for  the  same.  Her  right  to  the  statutory  compensation  and  pension  does  not 
rest  upon  contract.  It  is  not  necessary  to  recover  the  balance  to  resort  to  mandamus  to 
compel  her  reinstatement.  Moore  v.  Board  of  Education,  121  App.  Div.  862;  106  X.  Y. 
Supp.  983;  aff'd  195  N.  Y.  601. 

Persons  who  retired  from  service  before  the  establishment  of  the  pension  system  may 
by  no  act  of  the  Legislature  be  made  entitled  to  annuities  hereunder.  Such  an  act  is 
unconstitutional  as  giving  a  gratuity  or  extra  compensation  to  a  public  servant.  Matter 
of  Mahon  v.  Bd.  of  Education,  171  X.  Y.  263,  aff'g  68  App.  Div.  154;  74  N.  Y.  Supp.  172. 

§  1092a  The  moneys,  securities  and  effects  of  the  ])ublic  school  teachers  retire- 
ment fund,  and  all  pensions  or  annuities  granted  and  payable  from  said  fund,  shall 
be  and  are  exempt  from  levy  and  sale  by  virtue  of  an  execution  and  from  all 
process  and  proceedings  to  enjoin  and  recover  the  same  by  or  on  behalf  of  any 
creditor  or  person  having  or  asserting  any  claims  against,  or  debt  or  liability  of, 
any  pensioner  or  annuitant  of  said  fund.     (.-Is  added  by  L.  190 j,  ch.  lO/.) 

§  1092b  On  the  recommendation  of  the  board  of  retirement,  the  board  of  edu- 
cation shall  have  power,  in  its  discretion,  to  authorize  the  expenditure  from  the 
public  school  teachers  retirement  fund  of  a  sum  not  exceeding  fifteen  hundred 
dollars  in  any  one  year  for  clerical  and  other  expenses  in  connection  with  the 


EDUCATION    CODE  247 

administration  of  said  fund,  payments  therefrom  to  be  made  on  vouchers  pre- 
pared and  audited  in  the  same  manner  as  payments  from  other  funds  under  the 
jurisdiction  of  the  board  of  education.     (As  added  by  L.  iQog,  ch.  ^05.) 

Charges  against  principal  and  teachers  and  others;  proceedings  thereon 
§   1093  A  local  school  board  or  any  member  thereof,  the  city  superintendent, 
an  associate  city  superintendent  or  a  cHstrict  superintendent,  may  prefer  charges 
to  the  board  of  education  against  a  principal,  a  branch  ])rincipal,  a  director,  a  head 
of  department,  or  any  other  officer  exercising  supervising  powers  in  the  schools 
under  their  charge,  or  against  a  teacher  in  any  of  the  schools  under  their  charge, 
for  gross  misconduct,  insubordination,   neglect  of  duty  or  general   inefficiency. 
Penchng  trial,  the  board  of  education  may  suspend  said  principal  or  teacher  or 
other  officer,  with  or  without  pay,  and  appoint  a  substitute  in  his  place.     In  ac- 
cordance with  by-laws  to  be  passed  by  the  board  of  education,  a  district  superin- 
tendent shall  have  the  like  power  to  suspend  a  teacher  in  a  school  within  his  dis- 
trict, and  shall  forthwith  report  such  suspension  to  the  city  superintendent,  who 
shall  immediately  report  it  to  the  board  of  education.     Pending  action  by  the 
board  of  education,  the  city  superintendent  may  appoint  a  substitute  in  the  place 
of  any  teacher  so  suspended.    The  board  of  education,  on  receiving  notice  of  such 
charges,  shall  cause  a  copy  thereof  to  be  served  upon  the  person  against  whom 
they  have  been  made  either  personally  or,  if  personal  service  can  not  be  made 
after  reasonable  effort,  by  leaving  a  copy  thereof  at  his  last  known  place  of 
residence  and  by  sending  him  a  copy  thereof  through  the  mails  addressed  to 
him  at  his  last  known  place  of  residence,  returnable  in  not  less  than  ten  days 
from  the  date  of  such  service,  and  in  no  case  returnable  during  the  months  of 
July  and  August,  and  the  board  of  education  shall  then  immediately  proceed  to 
try  and  determine  the  case,  either  in  the  board  or  by  a  committee  of  its  body, 
and  shall  fix  the  penalty  or  punishment,  if  any,  to  be  imposed  for  the  offense, 
and  such  penalty  or  punishment  shall  consist  of  a  fine,  suspension  for  a  fixed 
time  without  pay,  or  dismissal;  provided,  however,  that  a  vote  of  a  majority  of 
all  the  members  of  the  board  of  education  shall  be  necessary  to  impose  the  pen- 
alty of  dismissal.     The  report  of  any  committee  holding  such  trial  shall  be  sub- 
ject to  final  action  by  the  board,  which  may  reject,  confirm  or  modify  the  conclu- 
sions of  the  committee,  and  the  decision  of  the  board  shall  be  final,  except  as  to 
matters  in  relation  to  which,  under  the  general  school  laws  of  the  State,  an  appeal 
may  be  taken  to  the  State  Superintendent  of  Public  Instruction.    In  case  the  prin- 
cipal or  other  othcer  or  teacher  is  acciuitted,  he  shall  be  restored  to  his  position 
with  full  pay  for  the  period  of  suspension.     In  all  trials  authorized  by  this  chap- 
ter all  testimony  taken  shall  be  under  oath,  which  the  president  of  the  board 
of  education,  chairman  of  a  local  school  board  or  chairman  of  the  committee 
conducting  the  trial  is  hereby  authorized  to  administer,  and  the  Supreme  Court 
shall  have  power,  upon  the  application  of  such  president  or  chairman,  to  compel 
any  witness  who  may  be  summoned,  to  appear  and  testify  before  said  board  of 
education,  local  school  board  or  committee.     {As  amended  by  L.  igi^,  ch.  688.) 


248  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Annual  report  to  State  Superintendent  of  Public  Instruction 
§  1094  The  board  of  education  shall,  between  the  ist  day  of  August  and 
30th  day  of  September  in  each  year,  make  and  transmit  to  the  State  Superin- 
tendent of  Public  Instruction  a  report  in  writing  for  the  State  school  year  end- 
ing on  the  next  preceding  31st  day  of  July,  which  report  shall  be  in  such  form 
and  shall  state  such  facts  as  the  State  Superintendent  and  the  school  laws  of  the 
State  shall  require. 

Annual  report  to  mayor;  other  reports  to  mayor 

§  1095  The  board  of  education  shall,  between  the  ist  day  of  August  and  the 
30th  day  of  November  in  each  year,  make  and  transmit  to  the  mayor  of  the 
city  of  New  York  a  report  in  writing,  for  the  year  ending  on  the  31st  day  of 
July  next  preceding,  stating  the  whole  number  of  schools  under  its  jurisdiction 
during  the  said  year,  ending  on  the  31st  day  of  July;  the  number  of  teachers; 
the  total  number  of  pupils  on  register,  and  the  average  attendance  at  each  school ; 
the  number  of  high  schools  and  training  schools  for  teachers,  with  the  number 
of  teachers  and  the  attendance  of  pupils  at  each ;  the  corporate  schools  or  soci- 
eties from  which  reports  have  been  made,  as  elsewhere  prescribed  in  this  act, 
the  length  of  time  such  schools  have  been  kept  open,  and  the  number  of  teachers 
and  of  pupils  taught  in  each  such  school.  The  board  of  education  shall  also  be- 
tween the  ist  day  of  January  and  the  15th  day  of  February  in  each  year  make 
and  transmit  to  the  mayor  of  the  city  of  New  York,  another  report  bearing  date 
the  31st  day  of  December  next  preceding,  stating  the  total  amount  of  money  ex- 
pended for  the  purposes  of  public  education  in  said  city  during  the  year  ending 
on  said  31st  day  of  December.  The  board  of  education  shall  also  make  in  said 
reports  such  suggestions  and  recommendations  relative  to  the  public  schools  of 
the  city  of  New  York  as  it  may  deem  proper. 

Removals  by  mayor  after  hearing  for  neglect  or  misconduct 
§  1096  Any  member  of  the  board  of  education,  or  of  a  local  school  ])oard, 
may  be  removed  by  the  mayor  of  said  city,  upon  proof  either  of  official  miscon- 
duct in  office  or  negligence  of  official  duties,  or  of  conduct  in  any  manner  con- 
nected with  his  official  duties,  or  otherwise,  which  tends  to  discredit  his  office, 
or  the  school  system,  or  for  mental  or  physical  inability  to  perform  his  duties, 
but  before  such  removal  of  said  member  he  shall  receive  due  and  timely  notice  in 
writing  of  the  charges  and  a  copy  thereof,  and  shall  be  entitled  to  a  hearing  on 
like  notice  before  the  mayor,  and  to  the  assistance  of  counsel  on  said  hearing. 

The  board  of  education  to  cause  accounts  and  records  to  be  made  and  kept 

§  1097  The  board  of  education  shall  provide  the  proper  book  or  books,  in 
form  as  required  by  its  by-laws,  and  shall  cause  the  class  teachers  under  the  di- 
rection and  supervision  of  the  principal  to  enter  the  names,  ages  and  residences 
of  the  scholars  attending  the  school,  the  name  of  the  parent  or  guardian  of  each 
pupil  and  the  days  on  which  the  scholars  shall  have  attended  respectively,  and 


EDUCATION    CODE  249 

the  aggregate  attendance  of  each  scholar  during  the  year,  and  also  the  day  upon 
which  the  school  shall  have  been  visited  by  the  city  superintendent  or  by  an  asso- 
ciate city  superintendent  or  by  the  direct  superintendent,  or  by  members  of  the 
board  of  education,  or  by  members  of  the  local  school  board,  or  by  any  of  them, 
which  entry  shall  be  verified  by  such  oath  or  affirmation  of  the  principal  as  may 
be  prescribed  by  the  board  of  education.  These  books  shall  be  preserved  as  the 
property  of  the  board  of  education  and  shall  at  all  times  be  open  to  inspection 
by  members  of  the  board  of  education,  by  members  of  the  local  school  boards 
and  by  the  city  superintendent,  or  by  any  associate  city  superintendent,  or  by  the 
district  superintendents. 

School  officers  not  to  be  interested  in  contracts;  removal  of 
§  1098  The  board  of  education  shall  have  power  to  remove  from  office  any 
school  officer  who  shall  have  been  directly  or  indirectly  interested  in  the  furnish- 
ing of  any  supplies  or  materials,  or  in  the  doing  of  any  work  or  labor,  or  in 
the  sale  or  leasing  of  any  real  estate,  or  in  any  proposal,  agreement  or  contract 
for  any  of  these  purposes,  in  any  case  in  which  the  price  or  consideration  is  to 
be  paid,  in  whole  or  in  part,  directly  or  indirectly,  out  of  any  school  moneys,  or 
who  shall  have  received,  from  any  source  whatever,  any  commission  or  compensa- 
tion in  connection  with  any  of  the  matters  aforesaid ;  and  any  school  officer  who 
shall  violate  the  preceding  provisions  of  this  section  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof,  shall  be  punished  by  a  fine  not 
exceeding  one  thousand  dollars  or  imprisonment  in  the  city  prison  not  exceed- 
ing one  year,  or  both,  and  shall  also  be  ineligible  to  any  school  office.  The 
provisions  of  this  section  shall  not  apply  to  authors  of  school  books  used  in 
any  of  the  public  schools  because  of  any  interest  they  may  have  as  authors  in 
such  books. 

Contributions  to  political  funds,  etc.,  prohibited 
§  1099  Neither  the  city  superintendent  of  schools,  nor  any  associate  or  district 
superintendent  of  schools,  nor  any  member  of  the  board  of  examiners,  nor 
any  member  of  the  supervising  or  teaching  staff  of  the  department  of  education 
of  the  city  of  New^  York,  shall  be  permitted  to  contribute  any  moneys,  directly 
or  indirectly,  to  any  fund  intended  to  affect  legislation  increasing  their  emolu- 
ments. 

Powers  of  investigation 
§  HOG  The  board  of  education  may  investigate  of  its  own  motion  or  other- 
wise, either  in  the  board  or  by  a  committee  of  its  own  body,  any  subject  of 
which  it  has  cognizance  or  over  which  it  has  legal  control,  including  the  conduct 
of  any  of  its  members  or  employees  or  those  of  any  local  school  board :  and  for 
the  purpose  of  such  investigation,  such  board  or  its  president,  or  committee  and 
its  chairman,  shall  have  and  may  exercise  all  the  powers  which  the  board  of 
education  has  or  may  exercise  in  the  case  of  a  trial  under  section  1093  of  this  act. 
Any  action  or  determination  of  a  committee  appointed  under  the  provisions  of 
this  section  shall  be  subject  to  approval  or  reversal  by  the  board,  which  may 


250  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

also  modify  the  determination  of  the  committee  in  such  a  way  as  the  board  shall 
deem  proper  and  just,  and  the  judgment  of  the  board  thereon  shall  be  final. 

A  janitor  of  a  public  school  is  an  employee  of  the  board  of  education  within  the  meaning 
of  this  section  which  confers  upon  the  defendant  the  same  powers  in  dealing  with  such 
employees  as  it  possesses  in  the  case  of  a  trial  of  a  teacher  or  principal  under  section  1093. 
The  board  is  within  its  statutory  powers  in  imposing  a  tine  upon  such  janitor  as  a  punish- 
ment for  delinquency.  Farrell  v.  Board  of  Education,  67  Misc.  187;  122  N.  Y.  Supp.  289; 
Egan  V.  Board  of  Education  of  New  York,  70  Misc.  518. 

Judgment  by  the  board  is  final  and  can  not  be  attacked  collaterally  in  an  action  to 
recover  the  amount  of  a  fine  withheld  from  an  employee's  salary.  The  plaintiff's  sole 
remedy  is  by  certiorari  to  review  the  proceedings  of  the  board.  Egan  v.  Board  of 
Education  of  New  York,  70  Misc.  518. 

Determination  by  committee.  Where  in  the  trial  of  a  janitor  for  violation  of  a  rule 
of  the  board,  the  board  of  education  avails  itself  of  the  provision  allowing  it  to  act  by 
committee,  it  merely  intends  to  distribute  the  work  and  to  avoid  the  consideration  of 
charges  for  trifling  offenses.  It  reserves  charges  for  more  serious  infractions  for  itself. 
This  does  not  mean  that  the  board  does  or  can  divest  itself  of  the  power  conferred  by 
statute.      Egan  v.  Board  of  Education  of  New  York,  70  Misc.  518. 

Continuation  in  office  of  all  employees  under  the  public  school  system 

§  iioi  Except  as  herein  otherwise  provided,  the  city  superintendent,  the 
members  of  the  board  of  examiners,  the  supervisors,  the  directors,  and  all 
principals,  teachers  and  other  members  of  the  educational  staff  in  the  public 
school  system  of  any  part  of  the  city  of  New  York,  and  all  school  officers  or 
other  employees  appointed  by  the  board  of  education  before  this  act  takes  effect, 
including  the  secretary  of  the  board,  the  city  superintendent  of  schools,  the 
superintendent  of  school  buildings,  the  superintendent  of  school  supplies,  the 
auditors,  and  all  deputies,  clerks  and  other  employees  in  their  respective  offices 
shall  continue  to  hold  their  respective  positions  and  to  be  entitled  to  such 
compensation  as  is  now  provided  or  may  hereafter  be  provided  by  the  lawful 
authority  subject  to  change  of  title,  to  reassignment  or  to  removal  for  cause, 
as  may  be  provided  by  law,  and  subject  to  the  right  of  the  said  board  to  abolish 
unnecessary  positions.  The  secretaries,  clerical  force  and  employees  of  the 
several  borough  school  boards  abolished  by  this  act,  including  the  supervisor 
of  lectures  for  the  boroughs  of  Manhattan  and  the  Bronx,  shall  be  assigned  by 
the  board  of  education,  and  the  clerical  force  and  the  employees  of  the  several 
borough  superintendents  and  the  boards  of  borough  superintendents  also  abolished 
by  this  act  shall  be  assigned  by  the  board  of  superintendents,  to  positions  and 
duties  corresponding  as  nearly  as  may  be  to  their  respective  positions  and  duties 
before  this  act  takes  effect  without  prejudice  or  advantage,  provided,  however, 
that  nothing  herein  contained  shall  be  construed  to  repeal,  limit,  modify  or 
abridge  any  provisions  of  law  or  civil  service  regulations  relative  to  the  removal 
of  subordinates  by  public  officers  or  heads  of  departments,  or  to  aft'ect  the 
right  of  adding  to  the  duties  or  reducing  the  salary  of  any  secretary,  clerk  or 
employee  and  abolishing  unnecessary  positions.  All  licenses  to  teach  or  certificates 
of  qualifications  for  teaching  granted  by  the  superintendent  of  public  instruction 
of  the  city  of  Brooklyn,  or  by  authority  of  the  board  of  education  of  the  said 


EDUCATION    CODE  25  I 

city  of  Brooklyn,  prior  to  February  i,  1898,  or  recognized  by  the  board  of 
education  of  the  said  city  of  Brooklyn  or  the  State  Superintendent  of  Public 
Instruction  as  in  force  at  that  date  in  said  city,  shall,  unless  revoked  for  cause 
by  the  State  Superintendent  of  Public  Instruction,  be  recognized  by  the  city 
superintendent  of  schools  and  the  board  of  examiners  of  the  city  of  New  York, 
as  in  full  force,  and  shall  entitle  the  holders  to  appointment  or  promotion  to  any 
position  to  which  they  were  respectively  eligible  by  the  possession  of  such 
licenses  or  certificates.  All  persons  heretofore  transferred  under  the  provisions 
of  this  chapter  as  originally  enacted  to  the  service  of  the  consolidated  city  who 
hold  offices  for  definite  terms,  shall  be  deemed  to  have  been  transferred  for  the 
remainder  of  their  respective  terms  only. 

Right  of  action.  A  duly  licensed  teacher  under  contract  with  the  school  authorities 
is  not  an  officer,  but  an  employee.  His  employment  is  contractual,  and  his  proper  remedy 
for  wrongful  removal  is  by  action.  Mandamus  will  not  lie  as  of  strict  right,  and  may  be 
refused  in  the  discretion  of  the  court,  and  the  former  denial  of  that  remedy  will  not  bar 
an  action.  Steinson  v.  Bd.  of  Education  of  N.  Y..  165  N.  Y.  431,  aff'g  49  App.  Div.  143, 
63  N.  Y.  Supp.  128. 

A  claim  for  salary  during  wrongful  removal  is  a  liquidated  one  and  plaintiff  is  entitled 
to  interest  thereon.      Shaul  v.  Board  of  Education,  108  App.  Div.  19;  95  X.  Y.  Supp.  479. 

Action  for  balance  of  salary.  The  proper  remedy  where  a  teacher  claims  to  be  entitled 
to  more  salary  than  he  is  receiving  is  by  an  action  at  law.  A  writ  of  mandamus  to  compel 
payment  will  not  issue.  People  ex  rel.  Dutton  v.  Maxwell,  137  App.  Div.  "JZ"]:  122  N.  V. 
Supp.  637;  Moore  v.  Board  of  Education,  121  App.  Div.  862;  106  N.  Y.  Supp.  983. 

Reinstatement  after  a  wrongful  removal  must  be  sought  in  a  direct  proceeding  for  that 
purpose;  the  question  can  not  be  tried  in  an  action  for  salary.  Thomson  v.  Board  of 
Education,  201  N.  Y.  457,  aff'g  136  App.  Div.  721  ;   121  N.  Y.  Supp.  4QI. 

Waiver  of  right  of  compensation.  Since  the  right  is  a  statutory  one.  and  does  not 
rest  upon  contract,  l)y  accepting  and  receipting  for  a  lower  salary  than  that  to  which  she 
is  entitled,  she  does  not  waive  her  right  to  the  higher  rate.  Moore  v.  Board  of  Education, 
121  App.  Div.  862 ;  106  X.  Y.  Supp.  983. 

In  this  connection  read  the  following  section  of  the  Greater  Xew  York  Charter : 

S  149.  .  .  Every  official,  employee  or  person  who  shall  sign  the  receipt  upon  such 
payroll  as  having  received  the  amount  therein  mentioned  in  full  payment  for  services  ren- 
dered by  him  for  the  entire  time  specitied  in  such  payroll,  shall  be  deemed  to  have  made  an 
accord  and  satisfaction  of  all  claims  against  the  city  for  wages  or  salary  due  to  such  person 
from  the  city  of  Xew  York  for  the  period  covered  by  such  payroll,  unless  at  the  time  of 
signing  such  payroll  the  person  receiving  such  wages  or  salary  shall  ^vrite  legibly  thereon 
in  connection  with  his  receipt,  that  the  amount  received  is  received  under  protest,  and  unless 
such  protest  is  so  written  upon  such  payroll  no  recovery  shall  be  had  against  the  city  of 
Xew  York  upon  any  further  claim  for  wages  or  salaries  for  the  period  of  time  covered  by 
such  payroll. 

A  teaclier  who  voluntarily  stipulates  to  accept  a  less  salary  than  provided  by  statute  is 
bound  by  her  stipulation.      Brown  v.  Board  of  Education,  70  Misc.  399;  128  X.  Y.  Supp.  16. 

There  is  nothing  in  the  policy  of  the  law  to  prevent  a  teacher  voluntarily  waiving  her 
right  to  a  higher  salary.  Sarecky  v.  Board  of  Education,  67  Misc.  294;  124  X.  Y.  Supp. 
903;  Du  Moulin  v.  Board  of  Education,  124  X.  Y.  Supp.  901. 

Waiver  of  right  to  position  as  principal.  Although  under  the  present  statute  the 
principal  of  a  school  can  be  removed  or  reassigned  only  as  provided  by  the  statute,  she 
may  nevertheless  waive  her  right  to  a  position  as  principal  by  demanding  and  drawing  her 
pay  and  receipting  in  full  for  the  same  after -a  reassignment  to  a  lower  position,  especially 
where  she  has  acquiesced  in  such  reassignment  for  seven  and  one-half  years.      Her  actions 


252  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

must  be  deemed  in  law  a  waiver  of  any  right  to  claim  a  salary  attaching  to  some  other 
position.     Sheehan  v.  Board  of  Education,  120  App.  Div.  557 ;  104  N.  Y.  Supp.  1002. 

This  section  operates  to  protect  permanently  teachers  in  the  tenure  of  their  positions 
whether  appointed  before  or  after  the  passage  of  the  charter,  unless  discharged  or  reduced 
to  a  lower  position  for  cause.  Moore  v.  Board  of  Education,  121  App.-  Div.  862;  106 
N.  Y.  Supp.  983. 

The  intent  of  the  protection  afforded  is  to  get  the  best  work  from  all  teachers  by  assuring 
them  of  safety  and  protection,  without  resort  to  outside  influence,  so  long  as  they  maintain 
a  high  standard  of  conduct  and  efficiency.  People  ex  rel.  Callahan  v.  Bd.  Education,  174 
N.  Y.  169,  aff'g  78  App.  Div.  501 ;  79  N.  Y.  Supp.  624. 

Prospective  effect.  The  section  appHes  not  only  to  teachers  appointed  prior  to  its 
enactment  but  also  was  intended  to  have  a  prospective  effect.  It  is  unreasonable  to  believe 
that  the  Legislature  intended  to  protect  a  part  of  the  teachers  only  and  to  leave  others 
of  the  same  class  unprotected,  simply  because  they  were  appointed  at  a  later  period. 
Two  kinds  of  tenure  for  teachers  applicable  to  the  same  position,  in  the  same  city,  but 
founded  upon  no  substantial  distinction,  would  be  an  anomaly.  People  ex  rel.  Callahan 
V.  Bd.  Education,  174  N.  Y.  169,  aff'g  78  App.  Div.  501 ;  79  N.  Y.  Supp.  624. 

The  word  reassignment  as  used  in  this  section  in  close  connection  with  the  word 
removal,  and  with  no  comma  intervening,  means  something  more  than  the  simple  transfer 
from  one  school  to  another  without  affecting  the  grade.  It  is  practically  a  removal  from 
a  higher  position  to  a  lower,  and  can  not  be  made  except  for  cause.  A  teacher  can  not  be 
reassigned  to  a  lower  grade  at  a  reduced  salary  except  after  a  trial  upon  charges.  People 
ex  rel.  Callahan  v.  Bd.  Education,  174  N.  Y.  169,  aff'g  78  App.  Div.  501;  79  N.  Y.  Supp.  624. 

The  right  to  abolish  unnecessary  positions  being  conferred  upon  the  board,  it  is 
within  its  power  to  remove  the  principal  of  a  night  school  on  the  establishment  of  such 
schools  for  males  and  females  separately  and  the  appointment  of  female  principals  for  the 
schools  for  females.  Matter  of  Cusack  v.  Bd.  of  Education,  174  N.  Y.  136,  rev'g  78 
App.  Div.  470;  79  N.  Y.  Supp.  803. 

Acceptance  of  another  position,  namely,  principal  of  an  evening  elementary  school, 
after  being  illegally  removed  as  principal  of  an  evening  high  school,  will  not  defeat  plain- 
tiff's right  to  bring  an  action  against  such  illegal  removal.  Matter  of  O'Leary  v.  Board 
of  Education,  78  App.  Div.  475;  79  N.  Y.  Supp.  806;  aff'd  174  N.  Y.  511. 

A  by-law  of  the  board  of  education  of  the  borough  of  Brooklyn  providing  for  the 
termination  of  the  employment  of  a  teacher  upon  her  marriage  is  void  as  contravening  the 
exclusive  method  of  termination  of  such  employment  provided  by  this  section.  People 
ex  rel.  Murphy  v.  Maxwell,  177  N.  Y.  494,  rev'g  87  App.  Div.  131 ;  83  N.  Y.  Supp.  1098. 

Resignation  of  a  teacher  upon  her  marriage  was  not  made  under  duress  although  in 
accordance  with  a  by-law  of  the  board  of  education  which  has  since  been  declared  invalid 
by  the  courts.  Voluntary  obedience  to  such  regulations,  whether  lawful  or  otherwise,  can 
not  be  regarded  as  duress  in  a  legal  sense.  The  wait  of  two  years  after  the  decision  of 
the  Court  of  Appeals  declaring  the  by-law  invalid  for  instituting  this  proceeding  would 
alone  be  grounds  for  denying  this  application  for  laches  Matter  of  Grendon,  114  App. 
Div.  759;  100  N.  Y.  Supp.  253. 

Discrimination  between  males  and  females.  The  rights  of  a  female  teacher  holding  a 
grade  "A"  license  issued  by  the  city  of  Brooklyn  prior  to  1898,  are  not  impaired  by  making 
separate  eligible  lists  for  male  and  female  teachers,  nor  by  the  appointment  of  a  male 
teacher  of  a  lower  relative  standing  to  a  position  which,  in  the  exercise  of  a  reasonable 
discretion,  the  board  determined  should  be  filled  by  a  man.  Fitzpatrick  v.  Board  of 
Education,  67  Misc.  564;  124  N.  Y.  Supp.  765. 

The  holder  of  a  license  issued  by  the  former  city  of  Brooklyn  is  expressly  made 
entitled  to  the  protection  here  afforded  and  is  eligible  to  promotion  without  discrimination. 
Matter  of  Brooklyn  Teachers  Assn.,  85  App.  Div.  47;  83  N.  Y.  Supp.  i  ;  aff'd  176  N.  Y.  564. 

A  teacher  employed  in  the  city  of   Brooklyn   for  a  definite  term   was  continued  in   the 


EDUCATION    CODE  253 

same  position  by  the  Greater  Xew  York  charter  not  merely  for  the  remainder  of  the  term 
for  which  he  was  employed,  but  like  all  other  teachers  in  the  new  city,  for  an  indefinite 
term  of  employment,  that  is,  until  removed  for  cause.  Bogert  v.  Board  of  Education, 
106  App.  Div.  56;  94  N.  V.  Supp.  180,  aff'g  44  Misc.  10;  89  N.  Y.  Supp.  "jy]. 

A  grade  "A"  license  of  the  city  of  Brooklyn  before  the  consolidation  does  not  entitle 
the  holder  to  an  appointment  as  head  of  a  department  in  Greater  New  York.  Hazen  v. 
Board  of  Education.  127  App.  Div.  235;  in  N.  Y.  Supp.  337. 

Teacher  in  village  of  Flushing.  The  provisions  of  this  section  making  the  positions 
of  teachers  permanent  are  not  applicable  to  a  teacher  in  the  village  of  Flushing  whose 
license  was  for  a  period  e.xpiring  within  the  current  year,  except  for  a  period  limited  by 
the  expiration  of  his  license.  Wood  v.  Board  of  Education,  59  Misc.  605;  112  N.  Y. 
Supp.  578. 

The  salary  of  an  architectural  draughtsman  in  the  bureau  of  buildings  in  the  board 
of  education  may  be  reduced.  Sauerbrunn  v.  Board  of  Education,  150  App.  Div.  407; 
135  N.  Y.  Supp.  85. 

School  money  appropriation  by  the  State  to  the  public  schools  of  the  city 

§  1 102  Whenever  the  city  clerk  shall  receive  notice  from  the  State  Super- 
intendent of  Public  Instruction  of  the  amount  of  moneys  apportioned  to  the 
city  of  New  York  for  the  support  and  encouragement  of  common  schools 
therein,  he  shall  immediately  lay  the  same  before  the  board  of  aldermen  of  said 
city :  and  the  chamberlain  of  the  said  city  shall  apply  for  and  receive  the  school 
moneys  apportioned  to  the  said  city  as  soon  as  the  same  become  payable,  and 
place  the  same  in  the  city  treasury,  to  the  credit  of  the  general  fund  for  the 
reduction  of  taxation. 

TITLE   2 

THE  COLLEGE  OF  THE   CITY  OF   NEW   YORK 

To  continue  a  separate  corporation 

Section  1127  The  college  of  the  city  of  New  York  shall  continue  to  be  a 
separate  and  distinct  organization  and  body  corporate,  and  as  such  shall  have 
the  powers  and  privileges  of  a  college,  pursuant  to  the  revised  statutes  of  this 
State,  and  be  stibject  to  the  provisions  of  the  said  statute  relative  to  colleges, 
and  to  the  visitation  of  Regents  of  the  University,  in  like  manner  with  the  other 
colleges  of  the  State. 

Corporate  existence.  The  College  of  the  City  of  New  York,  although  a  part  of  the 
educational  system  of  the  city,  is  a  domestic  corporation  separate  and  distinct  from  the 
city.  Hence  the  remedy  of  a  real  estate  broker  under  contract  with  the  trustees  for 
acquisition  of  a  site  would  be  not  against  the  city  but  against  the  college.  Fidelity  & 
Deposit  Co.  V.  City  of  New  York,  108  App.  Div.  263;  95  N.  Y.  Supp.  752. 

Trustees  of  the  College  of  the  City  of  New  York;  number,  appointment 

§  1 128  The  board  of  trustees  of  said  college  on  and  after  the  ist  day  of  July, 
1900,  shall  consist  of  nine  residents  of  the  city  to  be  appointed  as  hereinafter 
provided,  and  of  the  president  of  the  board  of  education  of  the  city  ex  officio. 
Except  as  herein  otherwise  provided,  the  said  board  shall  have  and  possess  the 
powers  conferred  upon  and  be  subject  to  the  duties  required  of  the  trustees  of 


\ 


254  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

colleges  by  the  education  law.  The  mayor  of  the  city  of  New  York  shall  appoint 
before  the  ist  day  of  June,  1900,  nine  persons  to  serve  as  such  trustees,  to  hold 
office  respectively  as  shall  be  designated  by  the  mayor,  for  one,  two,  three,  four, 
five,  six,  seven,  eight  and  nine  years  from  the  ist  day  of  July,  1900.  On  or  before 
the  1st  day  of  June  prior  to  the  expiration  of  the  term  of  office  of  any  trustee  the 
mayor  shall  appoint  his  successor  for  a  full  term  of  nine  years  from  the  first  day 
of  July  following.  The  mayor  shall  fill  any  vacancy  existing  in  the  office  of 
trustee — other  than  the  president  of  the  board  of  education  —  by  the  appoint- 
ment of  a  trustee  to  hold  oftice  for  the  unexpired  term.  Each  trustee  so  ap- 
pointed shall  take  the  oath  of  office  required  by  the  constitution  of  the  State.  Any 
resignation  from  the  office  of  trustee  shall  be  made  to  the  mayor.  No  trustee  shall 
be  subject  to  removal  under  the  provisions  of  section  95  of  this  act,  but  any 
trustee  may  be  removed  by  the  mayor  upon  proof  either  of  official  misconduct  or 
negligence  of  official  duties,  or  of  conduct  in  any  manner  connected  with  his 
official  duties  or  otherwise  which  tends  to  discredit  his  office,  or  the  school 
system,  or  for  mental  or  physical  inability  to  perform  his  duties,  but  before  such 
removal  he  shall  receive  due  and  timely  notice  in  writing  of  the  charges  and  a 
copy  thereof,  and  shall  be  entitled  to  a  hearing  on  like  notice  before  the  mayor, 
and  to  the  assistance  of  counsel  on  said  hearing.  The  board  of  trustees  shall  have 
power  to  prescribe  by-laws  and  regulations  for  the  board  and  for  the  government 
of  the  college,  its  faculty,  instructors  and  other  employees,  and  to  authorize  a 
curator  or  a  member  of  said  board  as  they  deem  proper,  to  advertise  for,  receive 
and  open  any  and  all  bids.  Such  by-laws  shall  include  rules  governing  the  ap- 
pointment of  all  officers,  members  of  the  faculty,  instructors  and  other  employees 
of  the  college.  A  majority  of  the  members  of  the  board  appointed  by  the  mayor 
as  aforesaid  shall  constitute  a  quorum  for  the  transaction  of  business  and  no 
resolution  or  act  of  the  board  shall  be  invalid  by  reason  of  any  vacancy  existing 
in  the  board,  provided  that  such  act  or  resolution  shall  be  adopted  by  a  vote  of 
five  members  of  the  board.  The  board  of  trustees  of  said  college  shall  also  have 
power  to  prescribe  rules,  regulations,  charges  and  compensation,  il  any,  for  the 
use,  and  to  prescribe  the  extent,  purposes  and  manner  of  use.  by  persons,  asso- 
ciations and  corporations  of  the  lands  or  buildings  of  said  college  or  any  part 
thereof,  at  such  times  as  the  same  are  not  required  for  the  uses  of  the  college 
and  of  those  attending  thereat,  and  the  board  of  trustees  shall  also  have  power 
to  prescribe  what  fees  or  charges,  if  any,  such  persons,  associations  or  corpora- 
tions may  exact  for  the  attendance  at  or  participation  in  the  uses  so  permitted. 
All  moneys,  if  any,  so  received  by  said  college  shall,  within  ten  days  after  being 
received,  be  duly  accounted  for  and  paid  by  said  college  to  the  comptroller  of 
the  city  of  New  York  and  shall  be  by  him  credited  to  a  special  fund  for  the  ex- 
clusive benefit  and  use  of  the  athletic  council  and  other  organizations  of  said 
college,  except  as  hereinafter  provided,  and  any  moneys  in  said  fund  when  duly 
appropriated  by  the  board  of  estimate  and  apportionment  of  the  city  of  New 
York  and  thereafter  by  the  board  of  trustees  of  said  college,  shall  be  available 
for  carrying  out  the  powers,  duties  and  functions  of  said  athletic  council  and 
other  organizations  of  said  college  and  for  no  other  purpose  whatsoever. 


EDUCATION    CODE  355 

Provided  that  any  balance  of  said  moneys  received  by  said  comptroller  during 
any  fiscal  year  that  may  remain  in  said  special  fund  unappropriated  by  said  board 
of  estimate  and  apportionment  a  year  after  the  expiration  of  each  such  fiscal 
year  shall  be.  by  said  comptroller,  when  so  directed  by  said  board  of  estimate 
and  apportionment,  deposited  to  the  credit  of  the  general  fund  for  the  reduction 
of  taxation.     (As  amended  by  L.  1914,  cli.  iip;L.  191  j,  cli.  512.) 

The  trustees  have  no  right  to  divert  funds  appropriated  for  the  college  from  the  legiti- 
mate purposes;  hence  thej'  may  not  allow  the  widow  of  a  deceased  teacher  his  salary  for 
a  period  subsequent  to  his  death.  Such  a  payment  is  properly  refused  audit  by  the  city 
authorities.      People  ex  rel.  Burnet  v.  Jackson,  85  N.  Y.  541,  rev'g  23  Hun  568. 

Laws  applicable 

§  1 129  All  acts  of  the  Legislature  which  were  in  force  on  March  30,  1866, 
in  regard  to  the  free  academy,  and  to  its  control,  management,  support  and 
affairs,  not  since  modified  or  repealed,  and  which  are  not  inconsistent  with  the 
provisions  of  this  act,  and  all  laws  in  force  at  the  time  this  act  takes  effect 
relative  to  the  College  of  the  City  of  New  York  not  inconsistent  with  this  act 
are  hereby  declared  to  be  applicable  to  the  said  college. 

Participation  in  State  literature  and  other  funds 

§  1 130  The  College  of  the  City  of  New  York  shall  be  entitled  to  participate 
in  the  distribution  of  the  income  of  the  literature  and  other  funds  in  the  same 
manner  and  upon  the  same  conditions  as  the  other  colleges  of  the  State,  and 
the  Regents  of  The  University  of  the  State  of  New  York  shall  pay  annually 
to  the  comptroller  of  the  city  of  New  York,  as  trustees  for  said  college, 
the  distributive  share  of  the  said  funds  to  which  the  said  College  of  the  City 
of  New  York  shall,  by  law,  be  entitled,  and  which  shall  be  applied  and  expended 
for  library  books  for  the  said  college. 

College  officials  and  professors'  retirement  fund 
§  1130a  A  retirement  fund  for  the  president,  vice  president,  professors,  assist- 
ant professors  and  instructors  of  the  College  of  the  City  of  New  York  is 
hereby  created,  and  shall  consist  of  one  per  centum  annually  or  as  much  thereof 
as  is  necessary  for  the  purpose  of  this  act,  of  all  excise  moneys  or  license  fees 
belonging  to  the  city  of  New  York  as  constituted  by  this  act  and  derived  or 
received  in  any  current  year  by  any  commissioner  of  excise  or  public  officer 
from  the  granting  of  licenses  or  permission  to  sell  strong  or  spirituous  liquors, 
ale,  wine  or  beer,  or  of  any  moneys  paid  for  taxes  upon  the  business  of  trafficking 
in  or  selling  or  dealing  in  strong  or  spirituous  liquors,  ale,  wine  or  beer,  in  the 
boroughs  of  Manhattan.  Bronx,  Brooklyn,  Queens  and  Richmond  under  the 
l)rovisions  of  any  law  of  this  State  authorizing  the  granting  of  any  such  license 
or  permission,  the  said  one  per  centum  or  as  much  thereof  as  is  necessary  to  be 
paid  by  the  comptroller  of  said  city,  who  is  hereby  authorized  and  required  to 


256  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

pay  the  same  to  the  persons  entitled  to  the  said  retirement  fund  as  hereinafter 
prescribed,  such  sum  to  amount  in  each  and  every  year  to  not  more  than  one 
per  centum  on  the  excise  fund  belonging  to  said  city,  nor  to  exceed  such  amount 
as  may  be  required  to  pay  the  full  amount  of  annuities  allowed.  The  comptroller 
of  the  city  of  New  York  shall  by  the  direction  and  request  of  said  board  of 
trustees  of  said  college  pay  out  the  same.  The  comptroller  of  the  city  of  New 
York  shall  report  in  detail  to  the  board  of  trustees  of  said  college  annually  in 
the  month  of  January  the  amounts  paid  out  by  him  in  the  preceding  year  for 
account  of  said  retirement  fund.  Said  board  of  trustees  shall  have  power,  by 
a  two-thirds  vote  of  all  its  members,  to  retire  any  member  of  the  supervising 
or  teaching  stafif  of  said  college,  who  shall  have  attained  the  age  of  sixty-five 
years,  and  shall  have  been  engaged  as  a  supervising  officer,  professor,  assistant 
professor  or  instructor  in  said  college  for  ten  years,  and  has  taught  in  some 
university,  college,  academy,  educational  institution  or  in  the  common  schools  of 
this  or  some  other  state  in  the  United  States  for  thirty  years,  and  in  the  event 
of  such  retirement  shall  be  entitled  to  the  annuity  hereinafter  provided  and  any 
president,  vice  president,  professor,  assistant  professor  or  instructor,  who  shall 
have  served  consecutively  for  twenty  years  in  said  college,  or  who  is  connected 
with  said  college  and  shall  have  served  said  college  for  ten  years  and  tauglit  or 
acted  as  supervising  officer  in  some  university,  college,  academy,  educational 
institution  or  in  the  common  schools  of  this  or  some  other  state  in  the  United 
States  for  thirty  years,  shall,  on  his  own  application,  be  permitted  to  retire  from 
the  active  service  of  said  college,  and  upon  such  retirement,  duly  approved  by  a 
majority  vote  of  the  board  of  trustees  of  said  college,  shall  be  entitled  to  receive 
an  annuity  out  of  said  retirement  fund  of  not  less  than  one-half  the  annual  salary 
paid  to  him  at  the  date  of  such  retirement,  and  in  case  of  the  president  an  ad- 
ditional sum  of  one  thousand  dollars,  in  case  of  a  vice  president  an  additional 
sum  of  five  hundred  dollars,  and  should  said  annuity,  in  the  case  of  a  professor, 
be  less  than  three  thousand  dollars,  then  the  said  board  may,  in  its  discretion, 
increase  said  annuity  to  not  more  than  three  thousand  dollars.  The  said  board 
shall  have  power  by  a  two-thirds  vote  of  all  its  members  to  api)oint  any  sviper- 
vising  officer,  professor,  assistant  professor  or  instructor  who  has  been  retired 
as  hereinbefore  provided,  to  active  duty  for  a  term  of  not  more  than  one  year 
in  a  position  similar  to  that  formerly  held  by  him.  Such  supervising  officer, 
professor,  assistant  professor  or  instructor  so  appointed  to  active  dvity  shall  be 
entitled  to  the  annuity  to  be  paid  out  of  the  retirement  fund  as  hereinbefore 
provided  and  an  additional  sum  to  be  paid  out  of  funds  in  the  hands  of  the 
board  of  trustees  for  the  general  expenses  of  the  college,  as  compensation  for 
his  service,  which  additional  sum  shall  be  equal  to  the  difference  between  the 
amount  of  the  annuity  received  by  him  and  the  amount  of  his  salary  for  the  year 
immediately  j^receding  his  retirement,  so  that  the  total  amount  paid  him  shall 
erjual  his  salary  for  the  year  immediately  preceding  his  retirement.  Any  such 
appointment  heretofore  made  by  said  board  is  hereby  ratified  and  confirmed  and 
such  appointee  is  entitled  to  the  annuity  hereinbefore  provided  and  an  additional 
sum  as  above  provided  as  compensation  for  his  services.  (As  added  by  L.  1902, 
ch.  604  and  amended  h\  L.  iqo^.  ch.  i^8.) 


EDUCATION    CODE  257 

Duties  of  trustees  to  report 
§  1 131  It  shall  be  the  duty  of  the  trustees  of  said  college,  annually  on  or 
before  the  ist  day  of  September,  to  report  to  the  board  of  estimate  and  apportion- 
ment such  sum,  not  exceeding  one  hundred  and  seventy-five  thousand  dollars  in 
any  one  year,  as  they  may  require  for  the  payment  of  the  salaries  of  the  pro- 
fessors and  officers  of  said  college,  for  obtaining  and  furnishing  scientific  ap- 
paratus, books  for  the  students  and  all  other  necessary  supplies  therefor ;  for 
repairing  and  altering  the  college  buildings ;  and  for  the  support,  maintenance  and 
general  expenses  of  said  college;  and  the  said  board  of  estimate  and  apportion- 
ment and  the  board  of  aldermen  of  the  city  of  New  York  are  hereby  authorized 
and  directed  in  each  and  every  year  to  raise  and  collect  by  tax  on  the  estate, 
real  and  personal,  liable  to  taxation  in  said  city,  such  sum  of  money,  not  ex- 
ceeding the  amount  aforesaid,  as  may  be  reported  to  them  by  said  trustees;  the 
amount  so  to  be  raised  and  collected  to  be  in  addition  to  the  sums  required  for 
the  purposes  of  common  schools  in  the  city  of  New  York  under  the  act  entitled 
"An  act  to  amend,  consolidate  and  reduce  to  one  act  the  several  acts  of  the  State 
of  New  York  relative  to  the  common  schools  of  the  city  of  New  York,"  passed 
July  3.  185 1,  and  the  several  acts  amendatory  thereto.  Upon  the  recommendation 
of  the  trustees,  the  board  of  estimate  and  apportionment  and  the  board  of  alder- 
men may  increase,  from  time  to  time,  the  amount  annually  to  be  raised  in  the  tax 
levy  for  the  maintenance  of  the  College  of  the  City  of  New  York. 

Instruction  to  be  furnished  gratuitously  and  otherv^rise  by  the  College  of  the 
City  of  New  York;  degrees  and  diplomas 
§  1 132  The  trustees  of  said  college  shall  continue  to  furnish,  through  the 
College  of  the  City  of  New  York,  the  benefit  of  education,  gratuitously,  to  boys 
who  have  been  pupils  in  the  common  schools  of  the  city,  and  to  all  other  male 
students  who  are  actual  residents  of  said  city,  and  who  are  qualified  to  pass  the 
required  examination  for  admission  to  said  college.  And  the  trustees,  upon 
the  recommendation  of  the  faculty  of  the  said  college  may  grant  the  usual 
degrees  and  diplomas  in  the  arts  to  such  persons  as  shall  have  completed  a  full 
course  of  study  in  the  said  college.  The  trustees  may  also,  upon  such  terms  and 
conditions  as  to  admission  and  attendance  as  they  may  prescribe,  furnish  gratuit- 
ously or  otherwise,  for  male  and  female  students  actual  residents  or  employees 
of  said  city,  special  courses  and  courses  of  study  in  vocational  subjects  and  civic 
administration;  and  may  grant  certificates  to  such  students  as  shall  have  com- 
pleted the  courses  or  studies  so  prescribed.  All  sums  of  money,  if  any,  received 
by  said  college,  as  provided  by  this  section,  shall  be  accounted  for  and  paid  into 
the  city  treasury  to  the  credit  of  the  general  fund,  within  sixty  days  after  the  ex- 
piration of  each  collegiate  year.     (As  amended  by  L.  1915,  cli.  161.) 

Reports  by  trustees  to  be  furnished 
§   1 133     The  trustees  of  the  College  of  the  City  of  New  York  shall  make  and 
transmit,  annually,  on  or  before  the   ist  day  of  February  in  each  year,  to  the 
board  of  aldermen  and  also  to  the  secretary  of  the  Board  of  Regents  of  The 
9 


258  THE    UNIVERSITY   OF    THE    STATE    OF    NEW    YORK 

University  of  the  State  of  New  York  a  report,  dated  on  the  31st  day  of  December 
next  preceding,  which  report  shall  state  the  names  and  ages  of  all  the  pupils 
instructed  in  such  college  during  the  preceding  year,  and  the  time  that  each  was 
so  instructed,  specifying  which  of  them  have  completed  a  full  course  of  study 
therein,  and  which  have  received  degrees,  medals,  and  other  special  testimonials, 
a  particular  statement  of  the  studies  pursued  by  each  pupil  since  the  last  pre- 
ceding report,  together  with  the  books  such  student  shall  have  studied,  in  whole 
or  in  part,  and  if  in  part,  what  portion;  an  account  or  estimate  of  the  library, 
philosophical  and  chemical  apparatus,  and  mathematical  or  other  scientific  in- 
struments belonging  to  such  college ;  the  names  of  the  instructors  employed  in 
said  college,  and  the  compensation  paid  to  each ;  what  amount  of  money  the 
board  of  education  received  during  the  year  for  the  purposes  of  such  college, 
and  from  what  sources,  specifying  how  much  from  each,  and  the  particular 
manner,  and  specific  purposes  for  which  such  moneys  have  been  expended ;  and 
such  other  information  in  relation  to  education  in  the  said  college  and  the  measures 
of  the  board  of  trustees  in  the  management  thereof  as  the  board  of  aldermen  or 
the  Regents  of  The  University  of  the  State  of  New  York  may,  from  time  to 
time,  require. 

TITLE   3 
THE    NORMAL    COLLEGE 

The  Normal  College  of  the  City  of  New  York,  a  corporation  and  college 

Section  1139  The  Normal  College  of  the  City  of  New  York  is  hereby  declared 
to  be  a  separate  and  distinct  organization  and  body  corporate,  and  as  such  shall 
have  the  power  and  privileges  of  a  college  pursuant  to  the  revised  statutes  of  this 
State,  and  be  subject  to  the  provisions  of  the  said  statutes  relative  to  colleges, 
and  to  the  visitation  of  the  Regents  of  the  University,  in  like  manner  with  the 
other  colleges  of  the  State.  Such  college  shall  hereafter  be  known  as  Hunter 
College  of  the  City  of  New  York  and  the  provisions  of  this  charter  as  well  as  of 
all  other  acts  and  parts  of  acts  in  any  manner  relating  to  or  affecting  The  Normal 
College  of  the  City  of  New  York  shall  apply  to  and  continue  in  full  force  and 
effect  in  relation  to  said  Hunter  College  of  the  City  of  New  York.  (As  amended 
by  L.  jpi4,  ch.  iifj.) 

Trustees,  number  and  appointment 

§  1 140  The  board  of  trustees  of  said  college  on  and  after  the  ist  day  of  July, 
191 5,  shall  consist  of  nine  residents  of  the  city,  men  and  women,  to  be  appointed 
as  hereinafter  provided,  of  the  president  of  the  board  of  education  of  the  city 
ex  officio  and  of  the  president  of  said  college  ex  officio.  Except  as  herein  other- 
wise provided,  the  said  board  shall  have  and  possess  the  powers  conferred  upon 
and  be  subject  to  the  duties  required  of  the  trustees  of  colleges  by  the  Educa- 
tion Law.  The  mayor  of  the  city  of  New  York  shall  appoint  before  the  ist  day 
of  June,  191 5,  nine  persons,  men  and  women,  to  serve  as  such  trustees,  to  hold 
office  respectively  as  shall  be  designated  by  the  mayor,  for  one,  two,  three,  four, 
five,  six,  seven,  eight  and  nine  years  from  the  ist  day  of  July,  1915.    On  or  be- 


I 


EDUCATION    CODE  259 

fore  the  ist  day  of  June  prior  to  the  expiration  of  the  term  of  office  of  any 
trustee  the  mayor  shall  appoint  his  successor  for  a  full  term  of  nine  years  from 
the  1st  day  of  July  following.  The  mayor  shall  fill  any  vacancy  existing  in  the 
office  of  trustee  —  other  than  the  president  of  the  board  of  education  and  the 
president  of  the  college  —  by  the  appointment  of  a  trustee  to  hold  office  for  the 
unexpired  term.  Each  trustee  so  appointed  shall  take  the  oath  of  office  required 
by  the  constitution  of  the  State.  Any  resignation  from  the  office  of  trustee  shall 
be  made  to  the  mayor.  No  trustee  shall  be  subject  to  removal  under  the  pro- 
visions of  section  95  of  this  act,  but  any  trustee  appointed  by  the  mayor  may  be 
removed  by  the  mayor  upon  proof  either  of  official  misconduct  or  negligence  of 
official  duties,  or  of  conduct  in  any  manner  connected  with  his  official  duties 
or  otherwise  which  tends  to  discredit  his  office,  or  the  school  system,  or  for 
mental  or  physical  inability  to  perform  his  duties,  but  before  such  removal  he 
shall  receive  due  and  timely  notice  in  writing  of  the  charges  and  a  copy  thereof, 
and  shall  be  entitled  to  a  hearing  on  hke  notice  before  the  mayor,  and  to  the 
assistance  of  counsel  on  said  hearing.  The  board  of  trustees  shall  have  the 
power  to  prescribe  by-laws  and  regulations  for  the  board  and  for  the  govern- 
ment of  the  college,  its  faculty,  instructors,  and  other  employees,  and  to  au- 
thorize a  curator  or  a  member  of  said  board  as  they  deem  proper,  to  advertise  for, 
receive  and  open  any  and  all  bids.  Such  by-laws  shall  include  rules  governing 
the  appointments  of  all  officers,  members  of  the  faculty,  instructors  and  other 
employees  of  the  college.  A  majority  of  the  members  of  the  board  appointed  by 
the  mayor  as  aforesaid  shall  constitute  a  quorum  for  the  transaction  of  business 
and  no  resolution  or  act  of  the  board  shall  be  invalid  by  reason  of  any  vacancy 
existing  in  the  board,  provided  that  such  act  or  resolution  shall  be  adopted  by  a 
vote  of  five  members  of  the  board.     (As  amended  by  L.  1915,  eh.  316.) 

Laws  applicable  to;  participation  in  State  literature  and  other  funds 

§  1 141  All  acts  of  the  Legislature  now  in  force  with  regard  to  the  said  normal 
college,  its  control,  management,  support  and  affairs,  not  inconsistent  with  the 
provisions  of  this  act,  are  hereby  declared  to  be  applicable  to  said  college.  The 
Normal  College  of  the  City  of  New  York  shall  be  entitled  to  participate  in  the 
distribution  of  the  income  of  the  literature,  and  other  funds  of  the  State  in  the 
same  manner,  and  upon  the  same  conditions  as  the  other  colleges  of  the  State, 
and  the  Regents  of  The  University  of  the  State  of  New  York  shall  pay  annually 
to  the  comptroller  of  the  city  of  New  York,  as  trustee  for  said  college,  the  dis- 
tributive share  of  the  said  funds  to  which  the  said  Normal  College  of  the  City 
of  New  York  shall  by  law  be  entitled,  and  which  shall  be  applied  and  expended 
for  library  books  for  said  college. 

Trustees  to  report  annually  the  amount  required  to  pay  salaries,  etc.;  such 
amount  to  be  raised  by  taxation;  board  of  aldermen  may  increase  amount 
named  herein 
§   114J     It  shall  be  the  duty  of  the  trustees  of  said  college  annually,  on  or 

before  the  15th  day  of  October,  to  report  to  the  board  of  estimate  and  apportion- 


260  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

nicnt  such  sum.  not  exceeding  one  hundred  and  fifty  thousand  dollars  in  any  one 
year,  as  they  may  require  for  the  payment  of  salaries  of  the  professors  and  officers 
of  the  said  college,  for  obtaining  and  furnishing  scientific  apparatus,  books  for 
the  students  and  all  other  necessary  supplies  therefor,  for  repairing  and  altering 
the  college  buildings,  and  for  the  support,  maintenance  and  general  expenses  of 
said  college;  and  the  said  board  of  estimate  and  apportionment,  and  the  board 
of  aldermen  of  the  city  of  New  York  are  hereby  authorized  and  directed,  in  each 
and  every  year  to  raise  and  collect  by  tax  on  the  estate,  real  and  personal,  liable 
to  taxation  in  said  city  such  sum  of  money,  not  exceeding  the  amount  aforesaid, 
as  may  be  reported  to  them  by  said  trustees,  the  amount  so  to  be  raised  and 
collected  to  be  in  addition  to  the  sums  required  for  the  purposes  of  common 
schools  in  the  city  of  New  York,  under  the  act  entitled  "An  act  to  amend,  con- 
solidate and  reduce  to  one  act  the  several  acts  of  the  State  of  New  York  relative 
to  common  schools  of  the  city  of  New  York,"  passed  July  3,  185 1,  and  the 
several  acts  amendatory  thereto.  Upon  the  recommendation  of  the  trustees,  the 
board  of  estimate  and  apportionment  and  the  board  of  aldermen  may  increase 
from  time  to  time  the  amount  annually  to  be  raised  in  the  tax  levy  for  the  mainte- 
nance of  the  normal  college. 

Instruction  to  be  furnished  gratuitously;  degrees  and  diplomas 

§  1 143  The  said  board  of  education,  as  trustees  of  said  college,  shall  continue 
to  furnish,  through  the  Normal  College  of  the  City  of  New  York,  the  benefit 
of  education  gratuitously  to  girls  who  have  been  pupils  in  the  common  schools 
of  the  city  of  New  York  as  constituted  by  this  act,  for  a  period  of  time  to  be 
regulated  by  the  board  of  trustees  of  said  college,  and  to  all  other  girls  who  are 
actual  residents  of  said  city,  and  who  are  qvialified  to  pass  the  required  examina- 
tion for  admission  to  said  college ;  and  the  board  of  trustees,  upon  the  recom- 
mendation of  the  faculty  of  the  said  college,  may  grant  the  usual  degrees  and 
diplomas  in  the  arts  to  such  persons  as  shall  have  completed  a  full  course  of 
study  in  the  said  college.  The  said  board  of  trustees  shall  give  normal  instruction 
in  manual  training  for  the  purpose  of  preparing  teachers  of  manual  training  for 
the  common  schools. 

Annual  reports  of  trustees 

§  1144  The  trustees  of  the  Normal  College  of  the  City  of  New  York  shall 
make  and  transmit  annually,  on  or  before  the  ist  day  of  February  in  each  year. 
to  the  board  of  aldermen  and  also  to  the  secretary  of  the  Board  of  Regents  of 
the  University  of  the  State  of  New  York,  a  report,  dated  on  the  last  secular  day 
of  December  next  preceding,  which  report  shall  state  the  names  and  ages  of  all 
the  pupils  instructed  in  said  college  during  the  preceding  year,  and  the  time  that 
each  was  so  instructed,  specifying  which  of  them  have  completed  a  full  course 
of  study  therein,  and  which  have  received  degrees,  medals  and  other  special 
testimonials;  a  particular  statement  of  the  studies  pursued  by  each  pupil  since 
the  last  preceding  report,  together  with  the  books  such  student  shall  have  studied, 
in  whole  or  in  part,  and  if  in  part,  what  portions;  an  account  or  estimate  of  the 


EDUCATION    CODE  20l 

library,  philosophical  and  chemical  apparatus  and  mathematical  or  other  scientific 
instruments  belonging  to  said  college ;  the  names  of  the  instructors  employed  in 
said  college  and  the  compensation  paid  to  each ;  what  amount  of  moneys  the 
board  of  trustees  received  during  the  year  for  the  purposes  of  said  college,  and 
from  what  source,  specifying  how  much  from  each,  and  the  particular  manner 
and  specific  purposes  for  which  such  moneys  have  been  expended,  and  such 
other  information  in  relation  to  education  in  the  said  college,  and  the  measures 
of  the  board  of  trustees  in  the  management  thereof,  as  the  board  of  education 
or  the  Regents  of  the  University  of  the  State  of  New  York  may  from  time  to 
time  require. 

Money  appropriated  for,  to  be  expended  when  required  by  trustees;  contracts 

by  trustees 
§  1 145  The  moneys  apportioned  to  the  board  of  education  of  said  city  of 
New  York  by  the  board  of  estimate  and  apportionment  and  board  of  aldermen, 
for  the  payment  of  the  salaries  of  the  professors  and  officers  of  said  college,  for 
obtaining  and  furnishing  scientific  apparatus,  books  for  the  students  and  all  other 
necessary  supplies  therefor,  for  repairing  and  altering  the  college  buildings,  and 
for  the  support,  maintenance  and  general  expenses  of  said  college,  shall  be  ex- 
pended for  said  normal  college  when  required  by  the  trustees  of  the  Normal 
College  of  the  City  of  New  York,  with  the  same  right,  power  and  authority  as 
if  the  said  college  were  under  the  control  of  the  board  of  education  of  the  city 
of  New  York.  All  contracts  entered  into  or  liabilities  incurred  by  said  trustees 
involving  the  expenditure  of  more  than  one  thousand  dollars,  except  agreements 
for  the  payment  of  salaries,  shall  be  entered  into  and  incurred  in  the  same  manner 
and  subject  to  the  restrictions  and  limitations  provided  as  to  other  expenditures 
of  public  moneys  as  provided  for  in  this  act. 

TITLE   4 
GENERAL    rROVISIONS 

Religious  sects  and  dogmatic  books  excluded;  Bible  retained 
§  1151  No  school  shall  be  entitled  to  or  receive  any  portion  of  the  school 
moneys  in  which  the  religious  doctrines  or  tenets  of  any  particular  Christian  or 
other  religious  sect  shall  be  taught,  inculcated  or  practised,  or  in  which  any  book 
or  books,  containing  compositions  favorable  or  prejudicial  to  the  particular  doc- 
trines or  tenets  of  any  particular  Christian  or  other  religious  sect  shall  be  used, 
or  which  shall  teach  the  doctrines  or  tenets  of  any  other  religious  sect,  or  which 
shall  refuse  to  permit  the  visits  and  examinations  provided  for  in  this  chapter. 
But  nothing  herein  contained  shall  authorize  the  board  of  education  or  the  school 
board  of  any  borough  to  exclude  the  Holy  Scriptures,  without  note  or  comment, 
or  any  selections  therefrom,  from  any  of  the  schools  provided  for  by  this  chapter; 
but  it  shall  not  be  competent  for  the  said  board  of  education  to  decide  what 
version,  if  any,  of  the  Holy  Scriptures,  without  note  or  comment,  shall  be  used 
in  any  of  the  schools:  provided  that  nothing  herein  contained  shall  be  so  con- 


262  THE    UNIVERSITY   OF    THE    STATE    OF    NEW    YORK 

strued  as  to  violate  the  rights  of  conscience,  as  secured  by  the  constitution  of  this 
State  and  of  the  United  States. 

Certain  private  schools  authorized  to  participate  in  common  school  fund 

§  1152  The  school  established  and  maintained  by  the  Five  Points  House  of 
Industry,  in  the  city  of  New  York,  the  school  established  and  maintained  by  the 
Ladies'  Home  Missionary  Society  of  the  Methodist  Episcopal  Church,  at  the 
institution  in  Park  street,  near  the  place  usually  called  the  five  points,  in  the 
said  city,  and  the  industrial  schools  established  and  maintained  under  the  charge 
of  the  Children's  Aid  Society  in  the  city  of  New  York  shall  participate  through 
the  board  of  education  in  the  distribution  of  the  common  school  fund  in  the 
same  manner  and  degree  as  the  common  schools  in  the  city  of  New  York,  and 
shall  be  subject  to  the  same  regulations  and  restrictions  as  are  now  by  law  im- 
posed on  the  common  schools  of  New  York.     (As  amended  by  L.  ipoi,  ch.  714.) 

To  report  as  to  moneys  and  attendance 

>;  1 153  The  board  of  education  shall  require  from  the  officers  conducting 
schools  by  appointment  of  the  board,  and  from  the  trustees,  managers  or  directors 
of  the  corporate  schools  entitled  to  participate  in  the  apportionment  of  school 
moneys,  a  report  in  all  respects  similar  to  that  formerly  required  in  the  city  of 
New  York  as  constituted  prior  to  the  passage  of  this  act  from  the  trustees  of 
each  ward.  And  in  making  the  apportionment  among  the  several  schools,  no 
share  shall  be  allotted  by  the  board  to  any  school  or  society  from  which  no 
sufficient  annual  report  shall  have  been  received,  for  the  year  ending  on  the 
last  day  of  June  immediately  preceding  the  apportionment. 

Certain  additional  private  schools  authorized  to  participate  in  school  funds 
§  II 54  The  New  York  Orphan  Asylum  School,  the  Roman  Catholic  Orphan 
Asylum  School,  the  schools  of  the  two  half-orphan  asylums,  the  school  of  the 
Society  for  the  Reformation  of  Juvenile  Delinquents,  in  the  city  of  New  York, 
the  school  for  the  Leake  and  Watts'  Orphans'  House,  the  school  connected  with 
the  almshouse  of  said  city,  the  school  of  the  Association  for  the  Benefit  of  Colored 
Orphans,  the  schools  of  the  American  Female  Guardian  Society,  the  school  estab- 
lished and  maintained  by  the  New  York  Juvenile  Asylum,  by  the  New  York 
Infant  Asylum,  by  the  Nursery  and  Child's  Hospital,  including  the  country 
branch  thereof ;  the  orphan  asylums  and  industrial  schools  as  existing  in  the 
city  of  Brooklyn  at  the  time  of  the  passage  of  this  act,  and  the  several  schools 
and  branches  thereof,  the  schools  organized  under  the  act  entitled  "An  act  to 
extend  to  the  city  and  county  of  New  York  the  provisions  of  the  general  act  in 
relation  to  the  common  schools,  passed  April  11,  1842,''  or  an  act  to  amend  the 
same,  passed  April  18,  1843,  or  an  act  entitled  "An  act  more  effectually  to  provide 
for  common  school  education  in  the  city  and  county  of  New  York,  passed  May  7, 
1844,"  or  any  of  the  acts  amending  the  same,  and  such  schools  as  may  be  organ- 
ized under  the  provisions  of  this  chapter  shall  be  subject  to  the  general  supervision 
of   the  board   of   education,   and   shall   be   entitled,  through   the   said  board,   to 


EDUCATION    CODE  263 

participate  in  the  apportionment  of  the  school  moneys,  as  provided  for  in  this 
chapter,  but  they  shall  be  under  the  immediate  direction  of  their  respective 
trustees,  managers  and  directors,  as  herein  provided. 

Accidental  omission  to  report 
§  1 155  Whenever  an  apportionment  of  the  public  money  shall  not  be  made 
to  any  school,  in  consequence  of  any  accidental  omission  to  make  any  report 
required  by  law,  or  to  comply  with  any  other  regulation  or  provision  of  law, 
the  board  of  education  may,  in  its  discretion,  direct  an  apportionment  to  be  made 
to  such  school,  according  to  the  equitable  circumstances  of  the  case,  to  be  paid 
out  of  the  public  money  on  hand,  or,  if  the  same  shall  have  been  distributed,  out 
of  the  public  money  to  be  received  in  a  succeeding  year. 

Trustees  of  such  schools  may  convey  to  corporation  and  become  merged 
§1156  The  trustees,  managers  and  directors  of  any  of  the  corporate  schools 
entitled  to  participate  in  the  apportionment  of  the  school  moneys  may,  at  any 
time,  convey  their  schoolhouses  and  sites  to  the  corporation  of  the  city  of  New 
York,  and  transfer  any  of  their  schools  to  the  board  of  education,  on  the  terms 
and  in  the  manner  to  be  agreed  upon  and  prescribed  by  the  board  of  education, 
so  as  either  to  merge  the  said  schools  in  the  public  schools  or  adopt  them  as 
public  schools;  and  the  same  shall  then  be  public  schools,  subject  to  all  the  rules, 
duties  and  liabilities,  and  enjoy  the  same  rights  as  it  they  had  been  originally 
established  as  public  schools. 

Nautical  school  may  be  established  and  maintained 
§  1 1 57  The  board  of  education  may  in  its  discretion  provide  and  maintain  a 
nautical  school  in  said  city,  for  the  education  and  training  of  pupils  in  the  sci- 
ence and  practice  of  navigation;  to  furnish  accommodations  for  said  school,  and 
make  all  needful  rules  and  regulations  therefor,  and  for  the  number  and  com- 
pensation of  instructors  and  others  employed  therein  ;  to  prescribe  the  govern- 
ment and  discipline  thereof,  and  the  terms  and  conditions  upon  which  pupils 
shall  be  received  and  instructed  therein,  and  discharged  therefrom,  and  provide 
in  all  things  for  the  good  management  of  said  nautical  school.  And  said  board 
shall  have  power  to  purchase  the  books,  apparatus,  stationery,  and  other  things 
necessary  or  expedient  to  enable  said  school  to  be  properly  and  successfully  con- 
ducted, and  may  cause  the  said  school  or  the  pupils,  or  part  of  the  pupils,  thereof 
to  go  on  board  vessels  in  the  harbor  of  New  York,  and  take  cruises  in  or  from 
said  harbor  for  the  purpose  of  obtaining  a  practical  knowledge  in  navigation  and 
of  the  duties  of  mariners.  And  the  said  board  are  hereby  authorized  to  apply  to 
the  United  States  Government  for  the  requisite  use  of  vessels  and  supplies  for 
tlTe  purpose  above  mentioned.     (As  amended  by  L.  1913.  ch.  321.) 

Nautical  school ;  management  of 
§   1 158  The  said  board  of  education  shall  appoint  annually  at  least  three  of 
their  number  who  shall,  subject  to  the  control,  supervision  and  approbation  of  the 


264  THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

board,  constitute  an  executive  committee,  for  the  care,  government,  and  manage- 
ment of  such  nautical  s-chool,  under  rules  and  regulations  so  prescribed,  and 
whose  duty  it  shall  be,  among  other  things,  to  recommend  the  rules  and  regula- 
tions which  they  deem  necessary  and  proper  for  such  school. 

Chamber  of  commerce  to  appoint  committee  to  serve  as  council 

§  1 1 59  The  chamber  of  commerce  of  New  York  is  authorized  to  provide  for 
and  appoint  a  committee  of  its  members  to  serve  as  a  council  of  the  nautical 
school,  whose  duty  it  shall  be  as  far  as  may  be  to  advise  and  cooperate  with  the 
board  of  education  in  the  establishment  and  management  of  such  school,  and 
from  time  to  time  to  visit  and  examine  the  same,  and  to  communicate  in  respect 
thereof,  with  the  board  of  education,  or  such  executive  committee  thereof,  and  to 
make  reports  to  the  chamber  of  commerce  which  may  transmit  to  the  State 
Superintendent  of  Public  Instruction  such  reports,  or  any  thereof,  or  an  abstract 
of  the  same,  with  such  recommendations  as  may  be  deemed  advisable. 

Expenses 

§  1 160  After  the  establishment  and  organization  of  the  said  school,  the  ex- 
penses thereof,  and  of  carrying  out  the  provisions  of  this  chapter,  shall  be  de- 
frayed from  the  moneys  raised  by  law  for  the  support  of  common  schools  in  the 
city  of  New  York. 

New  York  Institution  for  the  Blind 

§  1161  The  board  of  education  is  hereby  authorized  and  required  to  distribute 
to  the  managers  of  the  New  York  Institution  for  the  Blind  a  ratable  proportion  of 
the  said  school  fund  to  every  blind  pupil  in  said  institution,  without  regard  to 
age. 

Anniversary   day   is   a    holiday   in   the   public    schools    of   the    borough    of 

Brooklyn 

§  1162  The  8th  day  of  June  in  the  year  1905  and  thereafter  the  first  Thursday 
in  June  in  each  year,  except  in  those  years  when  the  first  Thursday  in  June  oc- 
curs in  the  same  week  with  Memorial  day,  and  in  such  years  the  second  Thursday 
in  June,  known  as  anniversary  day,  and  celebrated  in  commemoration  of  the 
organization  of  Sundays^  schools,  is  hereby  made  and  declared  to  be  a  holiday 
in  all  the  public  schools  in  the  borough  of  Brooklyn,  city  of  New  York,  and  the 
board  of  education  of  such  city  is  hereby  authorized  and  directed  to  cause  all 
the  public  schools  in  such  borough  to  be  closed  on  such  day.  (As  added  by 
L.  igo5,  ch.  528.) 

Money  not  to  be  paid  to  sectarian  schools;  public  property; 
how  disposed  of 
§  1552  No  money  belonging  to  the  city  raised  by  taxation  upon  the  property 
of  the  citizens  thereof,  shall  be  appropriated  in  aid  of  any  religious  or  denomina- 
tional school,  neither  shall  any  property,  real  or  personal  belonging  to  said  city, 

'  So  in  the  original. 


EDUCATION    CODE  265 

be  disposed  of  to  any  such  school,  except  upon  the  sale  thereof  at  public  auction, 
after  the  same  has  been  duly  advertised,  at  which  sale  such  school  .shall  be  the  high- 
est bidder,  and  upon  payment  of  the  sum  so  bid  into  the  city  treasury;  neither 
shall  any  property  belonging  to  the  city  be  leased  to  any  school  under  the  control 
of  any  religious  or  denominational  institution,  except  upon  such  terms  as  the  city 
property  may  be  leased  to  private  parties  after  the  same  has  been  duly  advertised. 

JAMAICA  NORMAL  SCHOOL 
Chapter  524,  Laws  of  1905 

An  act  to  transfer  to  the  city  of  New  York  the  normal  and  training  school  in 

the  borough  of  Queens,  city  of  New  York,  formerly  in  the  village  of  Jamaica 

and  county  of  Queens 

Section  i  The  normal  and  training  school  heretofore  established  in  the  former 
village  of  Jamaica,  in  the  county  of  Queens,  pursuant  to  the  provisions  of  chapter 
553  of  the  Laws  of  1893,  entitled  "An  act  to  establish  a  normal  and  training 
school  in  the  village  of  Jamaica  and  county  of  Queens,"  including  all  the  lands, 
buildings  and  appurtenances  thereunto  belonging,  shall  be  transferred  and  con- 
veyed to  the  city  of  New  York,  for  the  use  of  the  said  city  as  a  training  school 
and  public  school  on  the  ist  day  of  January,  1906,  upon  terms  to  be  fixed  and 
agreed  upon  by  a  commission  consisting  of  the  mayor,  comptroller  and  president 
of  the  board  of  education  of  the  city  of  New  York  and  the  Commissioner  of 
Education  and  the  Comptroller  of  the  State  of  New  York. 

§  2  Upon  the  transfer  of  the  said  school  under  the  terms  fixed  by  the  said 
commission,  the  conduct,  management  and  support  thereof  shall  be  regulated  by 
chapter  378  of  the  Laws  of  1897,  as  amended  by  chapter  466  of  the  Laws  of 
1901,  known  as  the  Greater  New  York  charter,  and  the  board  of  education  shall 
have  and  exercise  the  same  rights  and  powers  in  respect  to  said  school  as  said 
board  possesses  in  respect  to  other  public  schools  in  the  city  of  New  York. 

§  3  The  principals,  teachers,  janitors  and  other  employees  of  the  said  school 
shall  be  transferred  from  the  service  of  the  State  to  the  service  of  the  city  in 
the  respective  positions  to  which  they  have  been  appointed,  and  shall  be  entitled 
to  such  compensation  as  is  now  provided  or  may  hereafter  be  provided  for  similar 
positions  in  the  schools  of  the  city  of  New  York  by  the  lawful  authority,  subject 
to  change  of  title  and  to  transfer,  reassignment  or  removal  for  cause,  as  may  be 
provided  by  law;  and  all  such  principals,  te.achers,  janitors  and  other  employees 
shall  be  eligible  for  reappointment,  subject,  however,  to  the  right  of  the  board  of 
education  of  the  city  of  New  York  to  abolish  unnecessary  positions,  and  subject 
also  to  their  complying,  in  the  case  of  teachers,  with  the  provisions  of  the  board 
of  education  of  the  city  of  New  York  with  regard  to  renewal  and  permanence  of 
license,  and,  in  the  case  of  janitors,  with  the  provisions  of  the  law  relating  to  the 
civil  service,  that  are  applicable  to  the  city  of  New  York. 

§  4  Provision  for  the  maintenance  of  said  school  and  the  payment  of  salaries 
shall  be  made  by  the  board  of  estimate  and  apportionment  in  the  budget  for 
1906. 


2^^  THE    UNIVERSITY   OF    THE    STATE   OF    NEW    YORK 

§  5  All  acts  or  portions  of  acts  inconsistent  with  the  provisions  of  this  act  are 
hereby  repealed. 

Chapter  669,  Laws  of  1911,  relates  to  retirement  of  officers,  clerks  and  em- 
ployees in  New  York  City. 

Chapter  230,  Laws  of  1874,  relates  to  the  Hebrew  Orphan  Society. 

Chapter  835,  Laws  of  1872,  relates  to  the  Society  for  the  Relief  of  the  Rup- 
tured and  Crippled. 

Chapter  598,  Laws  of  1880,  relates  to  "The  Association  for  Befriending  Child- 
ren and  Young  Girls,"  and  in  relation  to  said  association,  and  to  provide  for  the 
support  of  the  persons  cared  for  by  such  association. 

Chapter  285,  Laws  of  1891,  as  amended  by  L.  1894,  ch.  103;  L.  1896,  ch.  717; 
L.  1914,  ch.  473.  relates  to  New  York  Botanical  Gardens. 

Chapter  322,  Laws  of  1913,  relates  to  the  establishment  of  a  State  Nautical 
School.  Under  this  law  the  Nautical  School  was  transferred  from  the  city  to  the 
State. 

Chapter  222,  Laws  of  19 14,  relates  to  the  establishment  of  a  College  of  Com- 
merce and  Administration  and  a  Museum  of  Commerce  and  Civics. 

Chapter  480,  Laws  of  1914,  excepts  the  city  of  New  York  from  the  provisions 
of  section  650  of  the  Education  Law,  which  provides  for  the  establishment  of 
permanent  census  boards  in  cities  of  the  first  class. 

Chapter  296,  Laws  of  1894 
An  act  to  amend  an  act,  entitled  "An  act  to  consolidate  into  one  act  and  to  declare 

the  special  and  local  laws  affecting  public  interests  in  the  city  of  New  York," 

relative  to  a  public  school  teachers  retirement  fund 

Section  i  Section  1028  of  chapter  410  of  the  Laws  of  1882,  entitled  "An  act 
to  consolidate  into  one  act  and  to  declare  the  special  and  local  laws  affecting 
public  interests  in  the  city  of  New  York,"  is  hereby  amended  by  adding  thereto 
the  following  subdivision,  to  be  known  as  subdivision  7  of  said  section: 

7  The  board  of  education  of  the  city  of  New  York  is  hereby  given  the  general 
care  and  management  of  the  public  school  teachers  retirement  fund  created  by 
this  act.  The  comi)troller  of  the  city  of  New  York  shall  hold  all  money  belonging 
to  said  fund,  and  by  the  direction  of  said  board  of  education  shall  invest  and  pay 
out  the  same.  The  board  of  education  shall  have  charge  of  and  administer  said 
public  school  teachers  retirement  fund  as  it  shall  deem  most  beneficial  to  said 
fund,  and  is  empowered  to  make  all  necessary  contracts  and  take  all  necessary 
and  proper  action  and  proceedings  in  the  premises,  and  to  make  payments  from 
said  fund  of  annuities  granted  in  pursuance  of  this  act;  and  shall,  from  time  to 
time,  establish  such  rules  and  regulations  for  the  administration  of  said  fund  as 
it  may  deem  best.  And  the  comptroller  of  the  city  of  New  York  shall  report  in 
detail  to  the  board  of  aldermen  of  the  city  of  New  York,  annually,  in  the  month 
of  January,  the  condition  of  said  fund,  and  the  items  of  the  receipts  and  dis- 
bursements on  account  of  the  same.  The  public  school  teachers  retirement  fund 
herein  provided  for  shall  consist  of  the  following,  with  the  interest  and  income 


EDUCATION    CODE  267 

thereof:  (i)  All  money,  pay,  compensation  or  salary,  or  any  part  thereof,  for- 
feited, deducted  or  withheld  from  any  teacher  or  teachers  for  and  on  account  of 
absence  from  duty  for  any  cause.  The  clerk  of  the  board  of  education  shall 
certify  monthly  to  the  comptroller  the  amounts  so  deducted  from  the  salaries  of 
teachers  during  the  preceding  month.  (2)  All  moneys  received  from  donations, 
legacies,  gifts,  bequests  or  otherwise,  for  and  on  account  of  said  fund.  (3)  All 
such  other  methods  of  increment  as  may  be  duly  and  legally  devised  for  the  in- 
crease of  said  fund.  On  and  after  the  passage  of  this  act  the  board  of  education 
shall,  by  amending  its  by-laws  relating  to  the  excuse  of  absence  of  teachers  with 
pay,  so  provide  that  the  aggregate  of  the  several  sums  deducted  or  forfeited  on 
account  of  absence  from  duty  shall  be  fully  adequate  to  meet  the  demands  made 
upon  the  public  school  teachers  retirement  fund  for  the  payment  of  annuities  as 
herein  provided.  Said  board  of  education  shall  have  power,  by  a  two-thirds  vote 
of  all  its  members,  and  after  a  recommendation  to  that  effect  shall  have  been 
made  by  the  city  superintendent  of  schools,  stating  that  the  teacher  is  mentally  or 
physically  incapacitated  for  the  performance  of  duty,  to  retire  any  female  teacher 
of  the  grammar  and  primary  schools,  including  special  teachers  in  the  same,  who 
shall  have  taught  therein  during  a  period  aggregating  thirty  years,  and  to  retire 
any  male  teacher  of  said  schools  who  shall  have  taught  therein  during  a  period 
aggregating  thirty-five  years.  And  any  teacher  who  during  his  term  of  service  in 
said  schools  enlisted  in  the  army  or  navy  of  the  United  States  during  the  Civil 
War  and  was  honorably  discharged,  shall  have  the  time  so  served  included  in  his 
term  of  service  in  the  public  schools.  Any  teacher  so  retired  shall  thereafter  be 
entitled  to  receive  as  an  annuity  one-half  the  annual  salary  paid  to  said  teacher 
at  the  date  of  said  retirement,  not  to  exceed,  however,  in  any  case,  the  sum  of 
one  thousand  dollars  per  annum.  The  board  of  education  is  hereby  given  the 
power  to  use  both  the  principal  and  the  income  on  said  fund  and  to  manage,  ac- 
cumulate and  otherwise  control  the  same  as  said  board  shall  provide  by  its  by- 
laws, and  to  pay  the  annuities  hereinbefore  mentioned,  and  shall  have  power, 
from  time  to  time,  to  reduce  the  amount  of  annuities  of  all  beneficiaries  of  said 
fund,  provided  only  that  such  reduction  shall  be  at  the  same  rate  per  centum. 
(As  amended  by  L.  i8qj,  eh.  8/4.) 

Chapter  656,  Laws  of  1895 
An  act  to  amend  chapter  583,  title  17,  Taws  of  1888,  entitled  "An  act  to  revise 

and  combine  into  a  single  act  all  existing  special  and  local  laws  affecting  public 

interests  in  the  city  of  Brooklyn  " 

Section  i  Title  17,  chapter  583  of  the  Laws  of  1888,  entitled  "An  act  ro 
revise  and  combine  into  a  single  act  all  existing  special  and  local  acts  affecting 
public  interests  in  the  city  of  Brooklyn,"  is  hereby  amended  by  adding  thereto  the 
following  section,  to  be  known  as  section  15,  as  follows: 

§  15  The  board  of  education  of  the  city  of  Brooklyn  is  hereby  given  the  full 
care  and  management  of  the  public  school  teachers  retirement  fund  created  by 
this  act.    The  board  of  education  shall  have  charge  of  and  administer  said  public 


268  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

school  teachers  retirement  fund  as  it  shall  deem  most  beneficial  to  said  fund,  and 
shall  make  payments  from  said  fund  of  allowances  granted  in  pursuance  of  this 
act ;  and  shall,  from  time  to  time,  establish  such  rules  and  regulations  for  the 
application  and  administration  of  the  said  fund  as  it  may  deem  best.  The  public 
school  teachers  retirement  fund  herein  provided  shall  consist  of  the  following, 
with  the  income  and  interest  thereof: 

1  The  board  of  education  shall  on  and  after  January  i,  1896,  reserve  monthly, 
and  turn  over  to  said  fund,  one  per  centum  of  the  salaries  paid  each  month  to  the 
teachers  who  shall,  prior  to  that  date,  elect  to  come  under  the  provisions  of  this 
act ;  and  the  board  of  education  shall  also  reserve  monthly  and  turn  into  said  fund 
one  per  centum  of  the  salaries  paid  each  month  to  all  teachers  appointed  after 
January  i,  1896. 

2  All  moneys  and  property  received  by  donation,  legacy,  gift,  bequest  or  other- 
wise for  and  on  account  of  said  fund. 

3  All  such  other  methods  of  increment  as  may  be  duly  and  legally  devised  for 
the  increase  of  said  fund.  The  board  of  education  may  retire  from  active  service 
any  male  teacher  not  under  sixty  years  of  age,  or  any  female  teacher  not  under 
fifty-five  years  of  age  in  its  employ  who  has  elected  to  come  under  the  provisions 
of  this  act,  or  who  shall  be  appointed  on  and  after  January  i,  1896,  and  who  has 
taught  not  less  than  thirty  years,  of  which  twenty  immediately  preceding  the 
proposed  retirement  shall  have  been  in  the  public  schools  of  Brooklyn.  Each  and 
every  teacher  retired  under  the  foregoing  clause  shall  receive  during  life  an  allow- 
ance annually  equal  to  one-half  of  the  annual  salary  received  by  said  teacher  at 
the  time  of  said  retirement,  to  be  paid  in  quarterly  instalments ;  but  no  teacher  so 
retired  shall  receive  more  than  twelve  hundred  dollars  in  any  one  year ;  pro- 
vided, however,  that  no  teacher  shall  be  retired  until  he  or  she  shall  have  paid 
into  the  retirement  fund  an  amount  equal  to  twenty  per  centum  of  his  or  her 
annual  salary  at  time  of  retirement.  Whenever  the  amount  in  the  retirement 
fund  herein  provided  shall  not  be  sufficient  in  any  year  to  pay  in  full  the  allow- 
ances hereinbefore  specified  payment  shall  be  made  in  due  proportion  to  the 
amount  in  the  retirement  fund  applicable  to  that  purpose. 


NEWBURGH 

Chapter  203,  Laws  of  1907 
An  act  to  revise  and  amend  the  charter  of  the  city  of  Newburgh,  being  chapter 
541  of  the  Laws  of  1865,  and  the  several  acts  amendatory  thereof  and  sup- 
plemental thereto 

TITLE    XII 

Section  4  The  board  of  education  of  the  village  of  Newburgh  shall  hereafter 
be  known  by  the  corporate  name  of  "  the  board  of  education  of  the  city  of  New- 
burgh,"  and  shall  continue  to  exercise  all  the  powers  and  discharge  all  the  duties. 
as  set  forth  and  conferred  in  and  by  the  act  entitled  "An  act  to  provide  for  the 
estabhshment  of  free  schools  in  the  village  of  Newburgh,"  passed  April  6,  1852, 
or  by  any  acts  amendatory  thereof,  and  all  provisions  of  said  act  and  acts  amenda- 
tory thereof,  shall  continue  in  force  and  apply  to  said  board,  except  as  herein 
otherwise  provided.  The  present  members  of  said  board  shall  continue  to  be 
members  thereof,  until  their  respective  terms  of  office  shall  expire.  The  suc- 
cesssors  to  the  trustees  now  in  office  shall  be  elected  at  the  general  election,  in  each 
year  as  their  respective  terms  expire,  in  the  same  manner  as  is  now  by  law  pre- 
scribed for  their  election,  or  as  may  hereafter  be  prescribed  by  act  of  the  Legis- 
lature, and  shall  hold  office  until  four  years,  from  the  ist  day  of  January  next 
succeeding  their  election,  as  hereinbefore  provided,  and  thereafter  the  person ' 
elected  to  such  office  shall  hold  the  same  for  four  years  from  the  ist  day  of  Jan- 
uary next  succeeding  the  date  of  their  election.  All  the  powers  conferred  in 
and  by  said  act  or  acts  amendatory  thereof,  upon  the  trustees  of  the  village  of 
Newburgh,  shall  hereafter  be  exercised  by  the  city  council  of  the  city  of  New- 
burgh. It  shall  be  the  duty  of  the  city  council  to  raise  by  tax  upon  the  real 
and  personal  property  of  said  city,  which  shall  be  liable  for  ordinary  city  taxes, 
such  moneys  as  the  said  board  of  education  shall  deem  necessary  for  the  pur- 
poses named  in  the  ninth  section  of  the  said  act,  or  any  acts  amendatory  thereof, 
and  such  moneys  when  raised,  shall  be  paid  to  the  treasurer  of  said  city,  who 
shall  be  accountable  therefor,  and  disburse  the  same,  as  provided  in  the  tenth 
section  of  said  act.  The  city  council  of  the  city  of  Newburgh  is  hereby  author- 
ized and  directed,  to  provide  by  resolution,  prior  to  the  ist  day  of  October, 
1907,  for  the  issuing  and  sale  of  bonds  of  said  city  to  the  amount  of  eighty 
thousand  dollars,  such  bonds  to  be  in  the  denomination  of  one  thousand  dollars 
each  and  to  draw  interest  at  not  to  exceed  five  per  centum  per  annum,  and  to 
be  sold  at  not  less  than  par;  said  bonds  shall  be  known  as  "  school  bonds,"  and 
shall  be  signed  by  the  mayor  and  city  treasurer  on  behalf  of  the  city  and  shall 
have  the  corporate  seal  of  the  city  attached  thereto ;  the  proceeds  of  such  bonds 
shall  be  placed  to  the  credit  of  the  board  of  education  of  said  city;  and  shall 

'  So  in  original.  [269] 


I 


2/0  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

be  at  once  applied  to  the  liquidation  of  such  indebtedness  as  shall  have  been 
incurred  by  said  board  of  education  in  borrowing  money  to  meet  the  necessary 
disbursements  of  said  board.  The  resolution  of  said  city  council  shall  provide 
for  one-twentieth  of  said  bonds  maturing  in  each  year,  and  the  board  of  esti- 
mate and  apportionment  shall  provide  for  the  payment  of  interest  on  such  bonds 
and  the  retiring  of  such  bonds  as  they  mature. 

§  5  The  said  act  is  hereby  amended  by  striking  out  the  words  the  "  trustees 
of  said  village  "  wherever  they  occur  in  said  act,  and  inserting  in  place  thereof, 
the  words  the  "  city  council  of  the  city  of  Newburgh,"  and  by  striking  out  the 
words  "  treasurer  of  said  village,"  wherever  they  occur  in  said  act,  and  insert- 
ing in  place  thereof  the  words  "  treasurer  of  said  city,"  and  by  striking  out  the 
word  "  village  "  wherever  it  occurs  in  said  act,  and  by  inserting  in  place  thereof 
the  word  "city." 

TITLE  V 

Of  the  assessment  and  collection  of  taxes  for  city  purposes 

Section  i  .  .  .  The  estimate  so  made  and  submitted  by  the  board  of  educa- 
tion shall  include  the  amount  required  for  the  following  purposes :  To  purchase, 
lease  or  improve  sites  for  schoolhouses  or  for  other  buildings  necessary  for 
the  school  or  library  system  of  the  city ;  to  build,  purchase,  lease,  enlarge,  alter, 
improve  and  repair  schoolhouses  and  their  outhouses  and  appurtenances  or  other 
buildings  necessary  for  the  school  or  library  system  of  the  city ;  to  purchase,  ex- 
change, improve  and  repair  school  apparatus,  books,  furniture  and  appendages ;  to 
procure  fuel  and  pay  the  contingent  expenses  of  the  free  schools ;  the  expenses  of 
the  free  library,  and  the  annual  salary  of  the  clerk  and  his  assistants ;  and  to  pay 
the  salaries  of  the  librarian  and  assistant  librarians  of  the  "  Newburgh  free 
library;"  of  the  janitors  and  other  employes,  and  to  pay  the  wages  of  teachers, 
due  after  the  application  of  the  public  school  moneys,  and  all  other  moneys  re- 
ceived by  said  board,  or  under  their  control,  and  which  may  by  law  be  appro- 
priated and  provided  for  that  purpose.  The  power  of  the  board  of  estimate  and 
apportionment  to  reduce  the  annual  estimate  of  the  board  of  education  shall  not 
be  exercised  unless  said  estimate,  exclusive  of  public  school  moneys  due  and  pay- 
able from  the  State,  and  exclusive  of  the  cost  of  building  sites,  new  school  build- 
ings or  additions  to  public  school  buildings  heretofore  erected,  exceeds  in  amount 
one  per  centum  of  the  assessed  valuation  of  all  taxable  property  within  said  city 
of  Newburgh,  but  said  estimate  shall  not  be  reduced  by  said  board  of  estimate  and 
apportionment  to  an  amount  less  than  one  per  centum  of  the  assessed  valuation  of 
all  the  taxable  property  within  said  city.  Whenever  said  board  of  education  shall 
decide  to  purchase  land  and  erect  thereon  a  new  school  building  or  buildings  or 
other  building  or  buildings  necessary  for  the  school  or  library  system  of  said 
city,  or  the  building  of  additions  to  school  building  or  buildings  or  other 
buildings  necessary  for  the  school  or  library  system  of  said  city,  the 
sum  or  sums  necessary  therefor  shall  be  provided  by  the  issuing  of  bonds 
of  the  city  of  Newburgh,  which  said  bonds  shall  bear  interest  at  a  rate  not  ex- 
ceeding five  per  centum  per  annum,  and  shall  be  payable  within  twenty  years  from 
the  issuing  thereof,  but  such  issue  shall  not  Ijc  in  excess  of  the  sum  of  forty  thou- 


EDUCATION    CODE  27 1 

sand  dollars  in  any  one  year,  without  the  consent  of  the  city  council,  and  the  board 
of  estimate  and  apportionment,  which  consent  shall  be  subject  to  the  approval  of 
the  mayor  of  the  city  of  Newburgh.     .     .     . 

Article  2,  section  i,  provides  for  the  election  of  nine  members  of  the  board  of 
education. 

Chapter  88,  Laws  of  1865  amending  chapter  156,  Laws  of  1852 

Section  i  Every  district  or  common  school  located  in  the  village  of  New- 
burgh, including  the  Newburgh  High  School,  and  every  school  which  may  here- 
after be  located  in  said  village  under  this  act,  shall  be  free  to  all  children  be- 
tween the  ages  of  5  and  21  years,  residing  in  that  village. 

§  2  All  that  part  of  the  town  of  Newburgh,  included  within  the  bounds  of 
the  corporation  of  the  village  of  Newburgh,  shall  hereafter  constitute  one  com- 
mon school  district.  John  J.  Monell.  John  Forsyth,  Chas.  Eastabrook,  Geo.  M. 
Clapp,  Hugh  McCutcheon,  John  Corwin,  Egbert  Alsdorf  and  Thos.  Kimball 
are  hereby  appointed  trustees  of  common  schools  in  said  village.  The  trus- 
tees herein  appointed,  and  their  successors  in  office,  shall  constitute  a  board,  to 
be  styled  the  board  of  education  of  the  village  of  Newburgh,  which  shall  be  a 
corporate  body  in  relation  to  all  the  powers  conferred  and  duties  enjoined  on 
them  by  this  act.  The  term  of  office  of  the  several  members  of  said  board 
named  in  this  act  shall  be  determined  by  lot,  at  the  first  meeting  after  their 
appointment,  in  this  manner:  The  term  of  office  of  two  of  said  trustees  shall 
expire  on  the  second  Wednesday  after  the  charter  election  in  said  village,  in 
the  year  of  our  Lord  1866:  the  term  of  two  others  shall  expire  on  the  second 
Wednesday  after  the  charter  election  in  said  village  in  the  year  1867;  the  term 
of  t\i-o  others  shall  expire  on  the  second  Wednesday  after  the  charter  election 
in  said  village,  in  the  year  1868;  and  the  term  of  the  two  remaining  trustees 
shall  expire  on  the  second  Wednesday  after  the  charter  election  in  said  village, 
in  the  year  1869.  The  trustees  named  in  this  act  shall  take  and  subscribe  the 
constitutional  oath  and  file  the  same  with  the  clerk  of  said  village  before  enter- 
ing on  the  duties  of  their  office. 

§  3  After  the  passage  of  this  act,  the  board  of  education  of  the  city  of 
Newburgh  shall  consist  of  nine  trustees.  There  shall  be  elected  at  the  annual 
charter  election  of  the  city  of  Newburgh,  on  the  first  Tuesday  succeeding  the 
first  Monday  of  November,  iSq6,  three  trustees  of  common  schools,  viz:  Two 
trustees  to  supply  the  places  of  those  whose  terms  of  office  shall  expire  on  the 
first  Monday  of  March,  1897,  and  one  additional  trustee  of  common  schools 
■whose  term  of  office  shall  commence  on  the  first  Tuesday  of  March,  1897,  and 
shall  expire  on  the  Monday  preceding  the  first  Tuesday  of  March,  1900,  and 
thereafter,  in  addition  to  the  eight  trustees  of  common  schools  to  be  elected  in 
said  city,  as  heretofore  provided  by  law,  there  shall  be  elected  one  additional 
trustee,  whose  term  of  office  shall  continue  for  four  years.  All  of  such  trus- 
tees shall  be  elected  at  the  annual  elections  held  in  and  for  the  city  of  New- 
burgh, in  the  same  manner,  and  upon  the  same  ticket  with  other  officers  of  said 


272  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

city,  and  the  term  of  office  of  all  trustees  of  common  schools,  elected  as  hereto- 
fore and  herein  provided,  shall  commence  on  the  first  Tuesday  of  March,  after 
the  annual  charter  election,  and  shall  continue  for  the  term  of  four  years.  The 
mayor  of  the  city  of  Newburgh,  within  five  days  after  this  act  shall  become  a 
law,  shall  appoint  from  the  electors  of  said  city,  an  additional  trustee  of  com- 
mon schools,  who  shall  hold  office  until  the  first  Tuesday  of  March,  1897,  when 
the  additional  trustee,  elected  at  the  first  annual  charter  election  of  the  city  of 
Newburgh,  after  the  passage  of  this  act,  shall  enter  upon  the  discharge  of  his 
duties,  and  continue  to  discharge  the  same  until  the  first  Tuesday  in  March, 
1900,  as  hereinbefore  provided.  (As  amended  by  L.  18/s,  ch.  2y:  L.  1805,  ch. 
831;  L.  i8p6,  ch.  416.) 

§  4  The  title  of  the  schoolhouses,  sites,  lots,  furniture,  books,  apparatus  and 
appurtenances,  and  all  other  school  property  in  said  village  in  this  act  mentioned, 
shall  be  vested  in  the  board  of  education,  and  the  same  shall  not  be  subject  to 
taxation  or  assessment  for  any  purpose;  and  the  said  board  of  education,  in 
its  corporate  capacity,  may  take,  hold  and  dispose  of  any  real  or  personal  es- 
tate transferred  to  it  by  gift,  grant,  bequest  or  devise  for  the  use  of  the  common 
schools  or  of  the  free  library  in  said  village,  except  that  no  real  estate  held 
by  said  board  for  school  purposes  shall  be  sold  or  disposed  of  without  the  con- 
sent of  the  trustees  of  the  village  first  obtained,  as  hereinafter  provided. 

§  5  It  shall  be  the  duty  of  the  clerk  of  said  village,  immediately  after  the 
election  of  any  person  as  trustee  of  common  schools,  personally  or  in  writing 
to  notify  him  of  his  election ;  and  if  any  such  person  shall  not,  within  ten  days 
after  receiving  such  notice  of  his  election,  take  and  subscribe  the  constitutional 
oath  and  file  the  same  with  the  clerk  of  said  village,  the  trustees  of  said  village 
may  consider  it  a  refusal  to  serve,  and  the  person  so  refusing  shall  forfeit  and 
pay  to  the  village  treasurer,  for  the  benefit  of  the  tuition  fund,  a  penalty  of  ten 
dollars. 

§  6  The  board  of  education  shall  have  power,  at  any  regular  meeting,  to  fill 
any  vacancies  that  may  occur  in  the  number  of  trustees  from  any  other  cause 
than  the  expiration  of  their  term  of  service.  The  person  or  persons  so  chosen 
must,  within  ten  days  after  being  notified  by  the  clerk  of  said  board  of  their 
election,  take  and  subscribe  the  constitutional  oath  and  file  the  same  with  the 
clerk  of  said  village. 

§  7  Removal  from  the  village,  or  failure  to  attend  three  consecutive  regular 
meetings  of  the  board,  may  be  deemed  a  resignation  of  the  office  of  trustee  of 
common  schools  under  this  act,  and  the  vacancy  may  be  filled  as  hereinbefore 
provided.  Any  trustee  of  common  schools  in  said  village,  elected  under  this  act, 
may  be  removed  from  office  by  the  trustees  of  said  village  for  official  miscon- 
duct; but  a  written  copy  of  the  charges  against  such  trustee  shall  be  served 
upon  him,  and  he  shall  be  allowed  to  refute  such  charges  of  misconduct  before 
removed. 

§  8  The  annual  meeting  of  the  board  of  education  shall  be  held  on  the  second 
Wednesday  of  March,  in  each  year,  when  they  shall  elect  a  |)resident  and  vice 


EDUCATION    CODE  273 

president,  who  shall  be  of  their  number,  and  a  clerk,  who  may  be  of  their  num- 
ber. The  president  shall  perform  such  duties  as  are  specified  in  this  act,  or 
as  may  be  enjoined  upon  him  by  the  by-laws  of  the  board;  and  in  his  absence 
the  vice  president  shall  perform  his  duties.  The  clerk  shall  keep  a  record  of 
the  proceedings  of  the  board,  a  book  of  accounts  with  the  treasurer  of  the  city, 
and  with  the  teachers  or  other  persons  employed  by  the  board,  and  shall  per- 
form such  other  duties  as  may  be  specified  by  this  act,  or  by  the  by-laws 
and  instructions  of  the  board.     (As  amended  by  L.  i8p3,  cli.  Sji.) 

§  9  A  majority  of  the  board  shall  form  a  quorum,  and  be  competent  to  trans- 
act any  business  of  said  board.  The  members  of  the  board  shall  not  receive 
compensation  for  their  services  as  trustees.  The  board  shall  have  power  to 
fix,  from  time  to  time,  the  compensation  of  the  clerk,  and  of  his  necessary 
assistants.  The  records  of  the  proceedings  of  the  board,  or  a  transcript  thereof, 
certified  by  the  president  (or  in  his  absence  by  the  vice  president),  shall  be  re- 
ceived in  all  courts  as  prima  facie  evidence  of  facts  therein  set  forth,  and  such 
records,  and  all  the  books,  vouchers,  accounts,  and  papers  of  said  board,  shall 
at  all  times  be  subject  to  the  inspection  of  the  trustees  of  said  village  and  of 
any  committee  thereof. 

§  10  The  board  of  education  shall  have  a  regular  meeting  at  least  once  in 
each  quarter.  At  the  annual  meeting  the  president  shall  appoint  such  standing 
committees  as  may  be  provided  in  the  by-laws  of  the  board. 

§  II  The  board  of  education  shall  have  power,  and  it  shall  be  its  duty: 

1  To  establish  and  organize  in  said  village  such  and  so  many  public  schools  and 
departments  of  higher  grades  (including  an  academical  department),  and  schools 
for  colored  children,  as  said  board  shall  deem  requisite  and  expedient,  and  to 
alter  and  discontinue  the  same  at  its  discretion ; 

2  To  hire,  purchase,  and  prepare  houses  or  rooms  for  the  purpose  of  free 
public  schools ; 

3  To  alter,  improve  and  repair  schoolhouses  and  appurtenances,  as  they  may 
deem  advisable ; 

4  To  purchase,  exchange,  improve  and  repair  school  apparatus,  books,  furni- 
ture and  appendages,  and  to  defray  the  expenses  of  the  free  library; 

5  To  have  the  custody  and  safekeeping  of  the  schoolhouses,  outhouses,  books, 
furniture  and  appendages,  and  to  see  that  the  ordinances  of  the  trustees  of  the 
village  and  the  rules  of  the  board  of  education  in  relation  thereto  are  observed ; 

6  To  contract  with  and  employ  all  necessary  teachers,  and  at  their  pleasure  to 
remove  them ; 

7  To  provide  evening  schools  for  those  whose  ages  or  avocations  are  such  as 
to  prevent  their  attending  the  day  schools  established  by  this  act ; 

8  To  pay  the  wages  of  such  teachers  out  of  the  moneys  from  all  sources  ap- 
propriated and  provided  by  law  for  this  purpose ; 

9  To  defray  the  necessary  contingent  expenses  of  the  board,  including  the 
wages  of  janitors ; 

10  To  expend  all  moneys  raised  by  this  act  for  building  schoolhouses,  pur- 


274  THE    UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

chasing  sites,  and  other  purposes  for  which  the  same  may  be  raised,  in  such 
manner  as  they  may  deem  proper ; 

II  To  have  the  superintendence  and  management  of  the  common  schools  in 
said  village,  and  froni  time  to  time  to  adopt,  alter,  modify  and  repeal,  as  they  may 
deem  expedient,  rules  and  regulations  for  their  organization,  government,  and 
instruction;  for  the  reception  of  pupils,  and  their  transfer  from  one  school  to 
another,  for  their  advancement  from  class  to  class,  as  their  degree  of  scholar- 
ship may  warrant,  and  generally  for  the  promotion  of  their  good  order,  pros- 
perity and  public  utility;  and  if  at  any  time  an  academical  department  shall  be 
established  by  said  board,  it  shall  be  entitled  to  its  distributive  share  of  the  litera- 
ture fund,  in  like  manner  and  on  like  conditions  with  the  academies  of  this 
State,  and  shall  be  subject  to  the  visitation  of  the  Regents  of  the  University, 
in  like  manner  with  the  other  academies  of  this  State. 

§  12  The  common  council  of  the  city  of  Newburgh  shall  have  the  power,  and  it 
shall  be  their  duty  to  raise  from  time  to  time  by  tax,  or  as  hereinafter  provided, 
to  be  levied  equally  upon  all  the  real  and  personal  property  in  said  city  which 
shall  be  liable  for  the  ordinary  city  taxes,  such  sum  or  sums  of  money  as  the 
board  of  education  shall  deem  necessary  for  any  or  all  of  the  following  pur- 
poses : 

1  To  purchase,  lease  or  improve  sites  for  schoolhouses ; 

2  To  build,  purchase,  lease,  enlarge,  alter,  improve  and  repair  schoolhouses, 
and  their  outhouses  and  appurtenances; 

3  To  purchase,  exchange,  improve  and  repair  school  apparatus,  books,  furni- 
ture and  appendages ; 

4  To  procure  fuel  and  pay  the  contingent  expenses  of  the  free  schools,  the 
expenses  of  the  free  library,  and  the  annual  salary  to  the  clerk  and  his  as- 
sistants ; 

5  To  pay  the  wages  of  teachers,  due  after  the  application  of  the  public  school 
moneys,  and  all  other  moneys  received  by  said  board,  or  under  their  control, 
which  may  by  law  be  appropriated  and  provided  for  that  purpose.  And  the 
board  of  education  are  authorized  and  directed,  when  necessary,  to  raise  by 
loan  either  in  anticipation  of  the  taxes  to  be  levied  as  aforesaid  in  this  section, 
or  the  bonds  to  be  issued  as  provided  for  in  section  13  of  this  act,  the  moneys 
to  be  raised,  levied  and  collected  as  aforesaid ;  the  taxes  to  be  levied  as  afore- 
said, and  collected  by  virtue  of  this  act,  shall  be  collected  at  the  same  time 
and  in  the  same  manner  as  other  city  taxes.     (As  amended  by  L.  i86g,  ch.  I2P.) 

§  13  The  board  of  education  of  the  city  of  Newburgh  shall  determine  and 
certify  to  the  common  council  of  said  city,  on  or  before  the  ist  day  of  October 
in  each  year,  the  sums  in  their  opinion  necessary  or  proper  to  be  raised  under 
the  twelfth  section  of  this  act,  specifying  the  sums  required  for  the  year,  com- 
mencing on  the  ist  day  of  October,  for  each  of  the  purposes  therein  mentioned. 
And  it  shall  be  the  duty  of  said  board  of  education  in  all  its  expenditures  and 
contracts,  to  have  reference  to  the  amount  of  moneys  which  shall  be  subject 
to  their  order  during  the  current  year,  and  not  to  exceed  that  amount    (except 


! 


I 


EDUCATION    CODE  275 

when  in  the  opinion  of  said  board  of  education  a  special  emergency  arises  by 
reason  of  the  destruction  of  any  school  building  or  buildings,  or  of  the  library 
building  by  fire  or  otherwise,  then  it  shall  be  the  duty  of  said  board  of  educa- 
tion, in  a  supplemental  estimate,  to  determine  and  certify  to  the  common  council 
of  said  city  the  sums  necessary  for  the  reconstruction  of  any  such  school  build- 
ing or  buildings  or  library  building,  which  sums  shall  be  raised  by  said  com- 
mon council  in  the  manner  hereinafter  provided)  ;  and  all  sums  thus  deemed 
necessary  and  proper  shall  be  levied  and  collected  in  the  same  manner  as  other 
city  taxes ;  provided,  however,  that  whenever  the  said  board  of  education  shall 
determine  and  certify  to  said  common  council,  either  annually  or  specially  as 
aforesaid,  that  it  will  be  necessary  to  raise  a  certain  sum  or  sums  of  money  for 
the  purposes  of  constructing  any  building  or  buildings  in  this  act  mentioned,  then 
the  said  common  council  shall  proceed  to  raise  the  amount  of  the  sum  or  sums 
of  money  thus  determined  and  certified  by  said  board  of  education,  and  for  that 
purpose  shall  have  the  power  to  raise  three-quarters  of  said  sum  or  sums  of 
money  on  the  credit  of  the  city  of  Xewburgh,  and  the  said  common  council,  for 
that  purpose,  are  hereby  authorized  and  shall  have  the  power  to  issue  bonds 
on  the  credit  of  the  city  of  Newburgh;  but  the  time  of  the  payment  of  any 
bonds  thus  issued  shall  not  extend  beyond  a  period  of  four  years.  And  it  is 
further  provided  that  said  common  council  shall  provide  for  the  payment  of 
such  bonds  in  four  or  a  less  number  of  successive  years,  in  annual  instalments, 
by  levy  and  collection  in  the  same  manner  as  other  city  taxes.  And  it  is  also 
provided  that  during  the  period  covered  by  the  issue  and  payment  of  said  bonds 
as  aforesaid,  the  board  of  education  shall  not  determine  and  certify  to  said  com- 
mon council  (except  in  cases  of  special  emergency  as  aforesaid,  or  for  additions 
to  or  alterations  of  buildings),  any  sum  or  sums  of  money  as  necessary  for  con- 
struction, unless  by  and  with  the  consent  and  concurrence  of  said  common  coun- 
cil.    {As  amended  by  L.  i86g,  ch.  122.) 

§  14  It  shall  be  the  duty  of  the  trustees  of  the  village,  within  fifteen  days  after 
receiving  the  certificate  of  the  board  of  education,  required  by  the  thirteenth 
section  of  this  act,  of  the  sums  necessary  or  proper  to  be  raised  under  the 
twelfth  section  of  this  act,  to  certify  to  said  board  of  education  that  the  amount 
will  be  raised  by  them  for  the  year  commencing  on  said  ist  day  of  October,  for 
the  purposes  mentioned  in  said  twelfth  section. 

§  15  It  shall  be  the  duty  of  the  board  of  education  on  or  before  the  ist  day 
of  October  in  each  year,  to  prepare  and  report  to  the  trustees  of  the  village  a 
true  and  correct  statement  of  the  receipts  and  disbursements  of  moneys  under 
and  in  pursuance  of  the  provisions  of  this  act  during  the  preceding  year,  in 
which  account  shall  be  stated  under  appropriate  heads : 

1  The  moneys  raised  by  the  trustees  of  the  village  under  the  twelfth  section 
of  this  act; 

2  The  school  moneys  received  by  the  treasurer  of  the  village,  under  the  dis- 
tribution of  the  public  moneys  of  the  State; 

3  The  moneys  received  by  the  board  under  the  fourth  section  of  this  act ; 


276  THE    UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

4  All  Other  moneys  received  by  the  treasurer,  subject  to  the  order  of  the 
board,  specifying  the  sources; 

5  The  manner  in  which  said  sums  of  money  shall  have  been  expended,  specify- 
ing the  amount  paid  under  each  head  of  expenditure ;  and  also  in  detail,  so  far  as 
may  be  necessary,  to  give  the  name  of  each  party,  company  or  corporation  to 
whom  any  money  or  moneys  may  have  been  paid,  together  with  the  nature  of 
the  service  or  object  for  which  such  money  or  moneys  were  paid.  And  the 
said  board  shall  cause  the  same  to  be  published  (within  two  weeks  after  making 
such  report)  in  two  of  the  newspapers  published  in  the  city  of  Newburgh.  (As 
amended  by  L.  i86p,  ch.  122,  sec.  j.) 

§  16  The  board  of  education  shall  have  power,  and  it  shall  be  their  duty,  to 
keep  and  maintain,  in  the  building  on  the  east  side  of  Grand  street  between 
First  and  Second  streets,  in  the  city  of  Newburgh,  recently  erected  by  them, 
one  free  library,  to  be  known  as  the  "  Newburgh  Free  Library,"  for  the  use 
of  the  pupils  in  the  schools  under  their  charge  and  of  the  residents  of  the  city. 
They  shall  receive  all  moneys  which  are  now  or  may  hereafter  be  appropriated 
to  the  district  for  library  purposes  by  virtue  of  any  law,  and  shall  apply  the 
same  to  the  uses  of  said  library.  They  shall  have  power  to  expend  in  the  pur- 
chase of  books,  such  moneys  as  may  be  received  for  tuition  of  nonresident  pupils, 
together  with  the  moneys  received  for  penalties  incurred  for  the  loss,  injury  or 
destruction  of  books,  or  of  their  detention  or  other  cause,  or  any  other  moneys 
that  may  lawfully  come  to  their  hands  applicable  to  such  purpose.  They  shall  have 
power  to  direct  the  sale  or  exchange  of  any  books  of  which  there  are  duplicate 
copies  in  the  library,  or  that  may  be  regarded  as  of  improper  character,  and 
apply  the  proceeds  to  the  purchase  of  other  books ;  and  shall  keep  the  books  of 
the  library  in  good  repair,  and  shall  make  such  arrangements  as  shall  be  neces- 
sary for  their  preservation  and  circulation.  They  shall  have  power  to  accept 
the  donation  of  books  or  other  property  to  such  library,  and  to  receive  or  hold, 
for  the  use  of  the  public,  the  books  of  any  library  that  may  now  or  hereafter  be 
granted  for  that  purpose,  and  to  make  provision  for  their  preservation  and  re- 
pair. They  shall  have  power,  and  it  shall  be  their  duty  to  appoint  a  librarian, 
who  shall  have  charge  of  the  library  under  their  direction  and  control,  with 
power  to  appoint  such  assistant  librarians  as  the  said  board  may  direct,  and 
subject  to  their  approval ;  and  the  board  shall  annually  fix  the  compensation 
which  the  said  librarian  and  his  assistants  shall  receive,  and  which  sum  shall  be  ' 
raised  as  provided  by  subdivision  4  of  section  12  of  this  act.  {As  amended  by 
L.  189^,  ch.  216.) 

§  17  Whenever,  in  the  opinion  of  the  board,  it  may  be  advisable  to  sell  any 
of  the  schoolhouses,  lots  or  sites,  they  shall  report  the  same  to  the  trustees  of 
the  village,  and  with  the  consent  of  the  trustees  shall  sell  and  dispose  of  such 
schoolhouses,  lots  or  sites  to  tiie  best  possible  advantage. 

§  18  All  moneys  to  be  raised  pursuant  to  the  provisions  of  this  act,  and  all 
school  moneys  by  law  appropriated  to  and  provided  for  said  village,  shall  be 
paid  to  the  treasurer  of  the  village  of  Newburgh,  who,  together  with  the  sureties 


EDUCATION    CODE  277 

upon  his  official  bond,  shall  be  accountable  therefor,  in  the  same  manner  as  for 
any  other  moneys  in  said  village.  Such  moneys  shall  be  deposited  with  such 
treasurer  to  the  credit  of  said  board  of  education,  and  shall  be  drawn  only  in 
pursuance  of  a  resolution  of  said  board,  by  a  draft  drawn  by  the  president  (or 
vice  president,  in  his  absence),  and  countersigned  by  the  clerk,  payable  to  the 
order  of  the  person  or  persons  entitled  to  receive  such  moneys ;  and  said  treasurer 
shall  keep  the  funds  received  by  him  under  this  act  separate  and  distinct  from 
any  other  funds ;  but  nothing  in  this  act  contained  shall  be  regarded  as  prohibit- 
ing the  temporary  loan,  by  the  board  of  education,  'to  the  trustees  of  the  village, 
of  any  surplus  moneys  which  may  stand  to  the  credit  of  the  board  of  education 
on  the  books  of  the  treasurer,  the  trustees  of  the  village  replacing  the  same 
whenever  it  may  be  required  by  the  said  board. 

§  10  The  trustees  of  the  said  village  shall  have  the  power,  and  it  shall  be  their 
duty,  to  pass  such  ordinances  and  regulations  as  the  said  board  of  education 
may  report  as  necessary  and  proper  for  the  protection,  safekeeping,  care  and 
preservation  of  the  schoolhouses,  lots,  sites,  appurtenances  and  appendages,  li- 
brary, and  all  property  belonging  to  or  connected  with  the  schools  in  said  village ; 
and,  to  impose  proper  penalties  for  the  violation  thereof,  subject  to  the  restric- 
tions and  limitations  contained  in  the  act  to  incorporate  the  said  village ;  and 
all  such  penalties  shall  be  collected  in  the  same  manner  that  the  penalties  for 
the  violation  of  the  village  ordinances  are  by  law  collected,  and  when  collected 
shall  be  paid  to  the  treasurer  of  the  village,  and  be  subject  to  the  order  of  the 
board  of  education  in  the  same  manner  as  other  moneys  raised  pursuant  to  the 
provisions  of  this  act. 

§  20  The  said  board  of  education  shall  have  power  to  allow  the  children  of 
persons  not  residents  within  the  village  to  attend  any  of  the  free  schools  of  said 
village,  under  the  care  and  control  of  said  board,  upon  such  terms  as  said  board 
shall  by  resolution  prescribe. 

§  21  The  said  board  of  education  shall  make  an  annual  report  to  the  school 
commissioner  of  the  school  commissioner's  district  in  which  said  village  is  situ- 
ated, containing  the  facts  required  to  be  reported  by  the  trustees  of  school  dis- 
tricts;  and  said  districts  shall  participate  in  the  apportionment  of  the  public 
school  moneys  in  the  same  manner  and  upon  the  same  conditions  as  common 
school  districts. 


NIAGARA  FALLS 

Chapter  300,  Laws  of  1904 
An  act  to  revise  and  consolidate  the  several  acts  relative  to  the  city  of 

Niagara  Falls 

ARTICLE   VIII 

DEPARTMENT  OF  PUBLIC  INSTRUCTION 
Section  340  Boundaries 

341  Board  of  education;  how  constituted 

342  Organization 

343  Powers 

344  Duties 

345  Powers,  subject  to  approval 

346  Certificate  of  expenses 

347  Approval  of  certificate 

348  School  moneys  to  be  kept  separate 

349  Transfer  of  school  moneys 

350  Purchase  of  site  and  buildings 

351  Report  of  expenditures 

352  State  apportionments  payable  to  treasurer 

353  Ordinances  for  school  property 

Section  340  All  the  territories  included  within  the  boundaries  of  the  city 
of  Niagara  Falls  shall  constitute  a  separate  school  district  within  this  State, 
and  shall  be  designated  as  the  "  union  school  district  of  the  city  of  Niagara  Falls." 
It  may  bear  such  other  additional  designation  as  the  Superintendent  of  Public 
Instruction  of  this  State  may  by  law  prescribe.  Such  district  shall  be  entitled  to 
all  rights,  powers,  privileges,  public  moneys  and  other  benefits  conferred  by 
law  or  other  State  authority  upon  school  districts,  and  shall  be  subject  to  all  the 
rules,  regulations,  powers  of  inspection  and  superintendence  prescribed  by  law 
applicable  to  school  districts  in  cities,  except  as  otherwise  provided  by  this  act. 

s^  341  The  affairs  of  said  union  school  district  of  the  city  of  Niagara  Falls 
shall  be  managed  by  a  board  of  nine  members,  to  be  organized  in  the  manner 
herein  provided,  which  board  shall  be  known  and  designated  as  the  "board  of 
education  of  the  city  of  Niagara  Falls."  Said  board  and  its  successors  shall 
{)ossess  all  the  powers  conferred  and  discharge  all  the  duties  imposed  by  this 
act  or  by  any  general  law  of  this  State  relating  to  school  districts  in  cities,  or 
relating  to  the  boards  of  education  of  such  districts,  and  not  inconsistent  with 
the  provisions  of  this  act. 

§  342  On  the  Monday  following  the  appointment  of  the  members  of  the 
board  of  education  to  fill  vacancies  occurring  in  said  board  by  expiration  of 
term,  the  board  of  education  shall  convene  at  eight  o'clock  in  the  afternoon,  at 
its  usual  place  of  meeting.  The  persons  so  appointed  shall  thereupon  take  the 
oath  of  office,  and  the  board  of  education  of  the  city  of  Niagara  Falls  as  con- 

[278] 


EDUCATION    CODE  279 

stituted  for  the  preceding  year  shall  be  dissolved,  and  the  board  of  education 
composed  of  the  persons  so  appointed  and  those  whose  term  of  office  shall  not 
have  expired,  shall  then  be  organized  by  the  election  of  a  president  from  among 
their  number,  and  of  some  suitable  person  not  of  their  number  but  who  shall 
be  a  resident  of  said  city  as  the  clerk  of  said  board.  A  majority  of  the  board 
of  education  shall  constitute  a  quorum  for  the  transaction  of  business,  and  it 
shall  keep  a  record  of  its  proceedings. 

§  343  The  board  of  education  of  the  city  of  Niagara  Falls  shall  have  the 
power,  subject  to  the  provisions  of  this  act,  to  purchase,  take,  lease,  hold  or 
improve  any  real  or  personal  estate  in  trust  for  said  school  district  of  said  city 
in  the  support  and  maintenance  of  schools,  or  for  any  of  the  purposes  of  educa- 
tion in  said  city.  It  may  also  take  by  purchase,  gift,  grant,  bequest  or  devise 
and  hold  any  real  or  personal  estate  in  trust  for  any  of  the  purposes  of  education 
or  art  or  for  the  support  or  maintenance  of  public  libraries  in  said  city  upon 
such  terms  as  may  be  prescribed  by  the  donor  or  donors  and  accepted  by  said 
board :  and  it  may  execute  any  trust  for  any  of  the  purposes  aforesaid  and 
provide  for  the  proper  execution  thereof.  It  may  also  establish  a  system  of 
pensions  for  public  school  teachers  of  the  city  whenever  it  shall  deem  the  same 
advisable.  The  title  of  all  schoolhouses,  sites,  lots,  furniture,  books,  apparatus 
and  other  school  property  belonging  to  or  in  possession  of  the  school  district 
of  the  city  of  Niagara  Falls  shall  so  continue  for  the  purposes  of  education, 
in  said  city  subject  to  any  existing  liability. 

sj  344  Subject  to  the  provisions  of  this  act,  said  board  shall  have  power,  and 
it  shall  be  their  duty 

1  To  establish  and  organize  in  said  city  such  and  so  many  free  schools, 
including  night  and  vacation  schools,  as  said  board  shall  deem  necessary  and 
proper,  and  to  change  or  discontinue  the  same  in  their  discretion. 

2  To  purchase,  as  herein  prescribed,  hire,  sell  or  dispose  of  schoolhouses, 
lots,  sites  and  school  furniture  as  they  may  deem  advisable. 

3  To  alter,  improve  and  repair  schoolhouses  and  appurtenances,  as  they  may 
deem  advisable. 

4  To  purchase,  exchange,  improve  and  repair  school  apparatus,  books,  sup- 
plies and  appendages,  and  to  defray  the  necessary  expense  attending  the  same. 

5  To  have  the  custody  and  safekeeping  of  the  school  buildings,  lots,  out- 
houses, books,  furniture  and  appendages,  and  to  see  that  the  ordinance  and 
by-laws  of  said  city  in  relation  thereto  are  enforced,  and  any  violation  thereof 
punished. 

6  To  contract  with  and  employ  janitors  and  employees. 

7  To  contract  with  and  employ  a  superintendent  of  instruction  for  said  city 
and  all  necessary  teachers  and  to  remove  said  superintendent,  teachers  and  other 
appointees  under  such  rules  and  regulations  as  may  be  established  by  law  or 
by  the  Department  of  Public  Instruction  of  said  State. 

8  To  expend  all  moneys  raised  by  virtue  of  this  act,  for  purchasing  sites, 
erecting  or  enlarging  schoolhouses,  or  for  other  purposes,  in  such  manner  as  they 


28o  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

may  deem  best,  but  only  for  the  purposes  for  which  the  same  was  so  raised, 
except  as  hereinafter  provided. 

9  To  license,  upon  the  recommendation  of  the  superintendent  of  instruction 
of  said  city,  all  teachers  now  employed  in  the  schools  of  said  city,  in  the  same 
manner  and  with  like  effect  in  said  city  as  school  commissioners  of  counties. 

10  To  take  and  appropriate  lands  and  other  real  property  within  said  city 
for  school  purposes,  upon  making  compensation  therefor,  in  the  same  manner 
and  under  the  same  proceedings  as  prescribed  in  this  act  and  as  conferred 
upon  the  common  council  to  take  and  appropriate  lands  for  opening  streets 
and  highways. 

11  To  have,  to  the  exclusion  of  all  boards  and  officers  except  The  University 
of  the  State  of  New  York,  the  Department  of  Public  Instruction  of  this  State, 
and  as  herein  otherwise  provided,  the  entire  supervision  and  management  of 
the  schools  in  said  city,  and  from  time  to  time,  to  adopt,  alter,  modify  or  repeal 
as  they  may  deem  expedient,  rules  and  regulations  for  their  organization,  gov- 
ernment and  instruction,  for  the  reception  of  pupils  and  their  transfer  from 
one  schoolroom  or  house  to  another,  for  their  advancement  from  class  to  class 
as  their  degree  of  scholarship  shall  warrant,  and  generally  for  the  promotion  of 
the  good  order  and  prosperity  of  said  schools. 

12  To  allow  the  children  of  persons  nonresident  within  the  city  to  attend  any 
of  the  schools  therein  under  the  control  of  said  board  upon  such  terms  as  said 
board  by  resolution  may  prescribe. 

13  To  maintain  a  free  public  library,  which  shall  be  under  the  control  of  a 
board  of  library  trustees  consisting  of  the  mayor,  the  president  of  the  board 
of  education  and  three  other  members,  one  of  whom  shall  be  elected  by  the 
board  of  education  at  the  January  meeting  of  said  board,  in  each  year,  for  a 
term  of  three  years.  The  board  of  education  shall  have  power  to  fill  any 
vacancy  in  said  board  of  library  trustees  for  the  unexpired  term.  The  board 
of  library  trustees  as  now  constituted  is  hereby  continued.  Said  library  trustees 
shall  provide  rooms  for  their  use,  and  employ  librarians  or  other  employees 
and  shall  have  the  care  of  the  library  building  and  rooms  and  the  books  and 
other  publications  belonging  thereto,  and  superintend  the  letting  out  and  return 
thereof. 

14  To  exercise  the  same  discretion  as  to  the  disposition  of  the  moneys 
provided  by  law  for  the  purchase  of  libraries  as  is  conferred  upon  the  inhabitants 
of  school  districts. 

15  Except  as  otherwise  provided  by  this  act,  to  exercise  all  the  powers  con- 
ferred upon  the  inhabitants  of  school  districts  at  school  district  meetings. 

16  Except  as  otherwise  provided  in  this  act,  to  exercise  all  the  powers  con- 
ferred and  discharge  all  the  duties  imposed  by  the  general  laws  of  this  State 
applicable  to  boards  of  education  in  cities.  The  records  of  the  proceedings  of 
said  boards,  or  a  transcript  thereof,  certified  by  its  president  and  clerk,  shall 
be  received  in  all  courts  or  places  as  prima  facie  evidence  of  the  facts  therein 
stated. 


EDUCATION    CODE  28 1 

§  345  The  powers  given  to  the  board  of  education  in  subdivisions  2,  3,  8  and 
10  of  section  344  and  to  the  trustees  of  the  free  pubHc  library  in  subdivision  13 
of  section  344,  with  respect  to  the  expenditure  of  money  over  two  hundred 
dollars,  shall  be  exercised  subject  to  the  approval  of  the  board  of  estimate 
and  apportionment.  In  the  event  of  the  board  of  estimate  and  apportionment 
disapproving  of  any  action  of  said  board  of  education  or  the  trustees  of  the 
free  public  library,  taken  as  aforesaid,  such  disapproval  shall  be  referred  back 
to  the  board  of  education  or  to  the  trustees  of  the  free  public  library  and  such 
action  shall  not  be  valid  or  binding  when  so  disapproved,  unless  three-fourths 
of  all  members  of  the  board  of  education  or  of  all  the  trustees  of  the  free  public 
library  shall  vote  to  take  such  action.  If  the  board  of  estimate  and  apportion- 
ment shall  fail  or  neglect  to  approve  or  disapprove  any  such  action  for  thirty 
days  after  the  same  is  presented  to  such  board,  then  it  shall  take  effect  as  if  it  had 
been  approved.      (As  amended  by  L.  igo6.  ch.  33 f).) 

§  346  On  or  before  the  ist  day  of  April  of  each  year  the  board  of  education 
shall  prepare  a  certificate  of  such  sums  of  moneys  as  it  may  deem  necessary 
for  the  school  year  commencing  August  ist  thereafter  for  each  of  the  following 
purposes,  namely : 

1  For  wages  of  superintendent  and  teachers  after  applying  all  the  public 
school  and  other  moneys  applicable  thereto. 

2  For  the  repair,  enlargement  or  improvement  of  schoolhouses,  outhouses  and 
grounds  with  their  appendages  and  appurtenances. 

3  For  the  purchase,  repair  or  improvement  of  school  apparatus,  books,  furni- 
ture and  fixtures. 

4  For  the  rent  of  schoolhouses  and  rooms  for  school  purposes. 

5  For  the  purchase,  maintenance  and  care  of  the  free  public  library,  library 
buildings  and  grounds. 

6  For  the  purchase  of  fuel  and  lights,  and  to  pay  the  contingent  expenses 
of  the  district,  including  the  salaries  of  the  janitors  and  the  incidental  expenses. 

§  347  Such  certificates  shall  within  the  time  hereinbefore  specified,  be  pre- 
sented to  the  board  of  estimate  and  apportionment  of  said  city,  and  if  a 
majority  thereof  shall  approve,  they  shall  sign  it  and  immediately  file  the  same 
with  the  city  clerk;  if  within  twenty  days  after  it  is  received,  they  do  not 
approve  it,  reject  it  or  diminish  any  items  therein  contained  the  same  shall  be 
considered  as  approved  by  the  board  of  estimate  and  apportionment.  Such 
annual  certificates  so  approved  or  adopted  shall  be  filed  with  the  city  clerk,  and 
the  common  council  of  said  city  shall  include  the  amount  so  certified  in  the 
annual  city  tax  and  assessment  roll  for  that  year,  and  such  amount  shall  be 
collected  by  the  city  treasurer  and  credited  to  the  various  funds  so  designated 
in  said  certificate. 

Whenever  any  said  sum  or  sums  shall  have  been  so  certified  and  filed  with 
the  city  clerk,  the  city  treasurer  shall  have  authority  and  it  shall  be  his  duty 
to  borrow  upon  the  faith  and  credit  of  said  city  the  amount  so  certified,  or  any 
part  thereof  which  may  be  necessary  to  meet  the  various  orders  of  the  board 


282  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

of  education  upon  him  in  paying  the  current  expenses  of  said  district  for  the 
year  for  which  the  certificates  were  presented.  {As  amended  by  L.  ipii, 
ch.  645.) 

§  348  All  public  moneys  or  other  funds,  other  than  the  general  city  taxes, 
belonging  or  appropriated  to  the  use  of  said  district  shall  be  paid  to  the  city 
treasurer,  who  shall  keep  the  same  separate  from  the  general  funds  of  the  city, 
and  shall  credit  to  each  of  said  school  funds  the  moneys  or  property  belonging 
thereto.  Upon  request  from  said  board  the  city  treasurer  shall  certify  from 
time  to  time  the  various  balances  remaining  to  the  credit  of  any  or  all  of  the 
school  and  library  funds,  and  the  balances  remaining  unpaid  to  said  various 
funds  from  the  amount  of  the  school  certificate  for  that  year.  {As  amended 
by  L.  I  pi  I,  ch.  6  4  J.) 

§  349  It  shall  be  the  duty  of  the  common  council  to  direct  the  city  treasurer, 
not  later  than  the  ist  day  of  March  in  each  year,  to  transfer  from  the  general 
fund  to  the  various  school  funds  all  moneys  remaining  due  to  such  school  funds 
from  the  general  fund,  upon  the  school  certificate  for  the  current  school  year. 

§  350  When  the  board  of  education  shall  determine  by  resolution  that  it  is 
necessary  to  purchase  any  site  or  addition  to  any  site,  or  erect  any  school  build- 
ing, or  enlarge  any  school  building  already  erected,  it  shall  in  such  resolution 
state  the  ward  within  which  the  site  is  to  be  purchased  or  building  to  be  erected 
or  enlarged,  and  the  particular  sum  required  for  each  separately.  If  said 
total  sum  exceeds  five  thousand  dollars,  they  shall  then  call  a  tax  election  in 
said  city  in  the  manner  provided  in  this  act  for  the  calling  of  tax  elections  by 
the  common  council.  Such  tax  election  may  be  held  at  the  same  time  and 
with  any  other  tax  election  in  said  city.  The  clerk  of  the  board  of  education 
shall  notify  the  inspectors  of  the  holding  of  said  tax  election  in  the  same  manner 
and  within  the  same  time  that  he  is  required  to  notify  them  in  cases  of  tax  elec- 
tions called  by  the  common  council.  The  inspectors  shall  thereupon  proceed 
to  hold  such  election,  pursuant  to  such  resolution,  and  in  the  same  manner  as 
in  holding  other  tax  elections  under  this  act,  and  the  qualifications  of  the  electors 
thereat  shall  be  determined  by  the  general  school  law  of  the  State  applicable  to 
cities.  When  such  tax  election  is  not  held  at  the  same  time  and  with  a  tax  elec- 
tion called  by  the  common  council,  as  provided  in  this  act.  the  board  of  educa- 
tion shall  designate  the  polling  places  in  each  tax  election  district,  and  such  tax 
election  shall  be  held  by  the  same  inspectors,  during  the  same  hours  and  in  the 
same  manner  as  other  tax  elections  under  this  act.  Each  elector  at  every  such 
tax  election  shall  vote  only  at  the  polling  place  designated  for  the  tax  election 
district  in  which  he  resides  and  shall  have  resided  for  the  thirty  days  immedi- 
ately ])rior  to  said  tax  election.  The  vote  shall  be  taken  by  ballot,  which  shall 
be  indorsed  "  school  tax,"  and  shall  be  deposited  in  a  separate  ballot  box  pro- 
vided therefor  and  marked  "  school  tax."  The  board  of  education  shall  at 
every  such  tax  election  provide  sufficient  printed  ballots  for  the  use  of  the 
electors  thereat,  upon  which  shall  be  printed  the  various  items  or  objects  to  be 
voted  for  thereat,  with  the  words  "  for  "  and  "  against  "  at  the  beginning  of 


EDUCATION    CODE  283 

each  item.  Each  elector  shall  indicate  his  vote  as  to  each  of  said  items  by 
placing  a  cross  before  the  word  "  for  "'  if  he  favors  the  proposition,  and  before 
the  word  "  against,''  if  he  opposes  the  proposition.  The  inspectors  shall  can- 
vass said  votes  without  intermission  or  adjournment  as  at  other  elections,  and 
make  a  statement  thereof  in  respect  to  each  item  voted  upon,  and  immediately 
tile  the  same  with  the  clerk  of  the  board  of  education.  Upon  the  day  following 
such  tax  election  the  board  of  education  shall  convene  at  its  usual  place  of 
meeting,  at  eight  o'clock  in  the  afternoon,  and  the  statement  from  each  polling 
place  shall  be  produced,  and  the  board  shall  forthwith  declare  and  make  a  certifi- 
cate in  writing  of  the  result.  In  case  a  majority  of  the  votes  cast  be  in  favor 
of  any  of  said  taxes,  the  board  of  education  shall  have  authority  to  borrow 
upon  the  faith  and  credit  of  said  city  the  aggregate  of  the  items  having  such 
majority,  or  any  part  thereof,  at  any  time  before  and  until  the  same  can  be 
provided  for  according  to  law.  The  board  of  education  shall  authorize  the 
issue  of  bonds  or  other  evidences  of  indebtedness,  in  such  form  and  payable 
at  such  times  as  it  may  prescribe,  for  the  sum  or  sums  so  authorized  at  a  rate 
of  interest  not  exceeding  four  per  centum  per  annum.  Said  bonds  or  any 
part  thereof  may  be  sold  by  the  board  of  estimate  and  apportionment  to  the 
highest  bidder  after  advertisement,  but  at  not  less  than  the  par  value  thereof. 
The  board  of  education,  after  completing  the  work  or  other  objects  for  which 
the  said  money  may  have  been  raised,  may  apply  any  unexpended  balance  that 
may  remain  to  any  object  authorized  or  contemplated  by  this  article. 

§  351  It  shall  be  the  duty  of  the  board  of  education,  on  or  before  the  ist  day 
of  September  in  each  year,  to  make  and  file  with  the  common  council  a  detailed 
report  of  the  manner  in  which  it  shall  have  expended  the  money  provided  for 
and  appropriated  to  school  purposes  from  any  source  during  the  last  school  year 
of  said  board,  and  such  report  shall  be  published  by  the  common  council  as  a 
part  of  the  proceedings  of  the  meeting  at  which  it  is  submitted.  The  board  of 
education  shall  also  make  reports  to  The  University  of  the  State  of  New  York 
and  the  Department  of  Public  Instruction  of  the  State,  in  such  manner  and  at 
such  times  as  they  may  direct. 

S  ^)S^  The  county  treasurer  of  Niagara  county  shall  pay  over  to  the  city 
treasurer  of  the  city  of  Niagara  Falls,  and  he  shall  receive  for  the  use  of  the 
board  of  education  of  said  city  such  proportion  of  the  school,  library  and  other 
money  apportioned  to  the  said  city  of  Niagara  Falls  by  the  Superintendent  of 
Pul)lic  Instruction  for  teachers'  wages  and  libraries,  and  other  purposes  as  shall 
by  law  be  apportioned  to  said  board  of  education  or  district. 

§  353  The  common  council  of  the  city  of  Niagara  Falls  shall  have  the  power 
and  it  shall  be  its  duty  to  pass  such  ordinances  and  by-laws  as  the  board  of 
education  of  said  city  shall  report  as  necessary  for  the  protection,  safekeeping, 
care  and  preservation  of  the  school  buildings  and  other  property  of  said  district, 
and  to  impose  such  penalties  for  the  violation  of  the  same  as  it  shall  deem 
proper. 

Section  16  provides  that  the  mayor  shall  appoint  a  board  of  education  of 
nine  members  and  that  the  term  of  office  of  each  member  shall  be  three  years. 


284  THE   UNIVERSITY   OF   THE    STATE   OF    NEW   YORK 

Section  22  provides  that  each  member  of  such  board  shall  be  an  elector  of 
the  city.  Section  60  prescribes  the  constitutional  oath  of  office  for  each  city 
officer.  Section  66  confers  on  the  clerk  of  the  board  the  power  to  take  affidavits 
and  acknowledgments  and  to  administer  oaths.  Section  133  makes  the  records 
of  any  board  when  duly  entered  and  properly  certified  by  the  clerk  presumptive 
evidence  of  the  proceedings  of  such  board.  Sections  180  and  181  relate  to 
estimates  by  the  several  departments  of  the  city  government.  Sections  192, 
193,  194  and  196  relate  to  bids  for  supplies  and  work  for  the  city  in  general. 
Section  211  exempts  the  school  and  library  buildings  from  the  care  of  the  board 
of  public  works  and  section  213  makes  a  like  exemption  in  supplying  gas  to  such 
buildings.  Section  219  provides  that  in  giving  notice  of  street  improvement 
assessments,  land  owned  by  the  city  shall  be  excluded. 


NORTH  TONAWANDA 

Chapter  752,  Laws  of  1907 
An  act  to  revise  the  charter  of  the  city  of  North  Tonawanda 

TITLE   XVIII 

CITY  SCHOOLS 

Section  i  School  districts.  The  territory  included  within  the  boundaries  of 
the  city  of  North  Tonawanda  shall  remain  in  the  several  school  districts  as  they 
exist  at  the  time  of  the  passage  of  this  act.  Such  school  districts  and  parts  of 
school  districts  shall  be  entitled  to  all  the  rights,  powers,  privileges,  public  moneys, 
and  other  benefits  conferred  by  law  or  other  State  authority  upon  school  districts, 
and  shall  be  subject  to  all  the  rules,  regulations,  powers  of  inspection,  and  superin- 
tendence prescribed  by  law  applicable  to  school  districts  throughout  the  State, 
except  as  otherwise  provided  by  this  act. 

§  2  School  officers.  The  officers  of  the  several  school  districts  and  parts  of 
districts  included  within  the  boundaries  of  the  city  of  North  Tonawanda 
shall  be  the  same  as  now  provided  by  law,  and  shall  possess  the  same  power 
and  be  subject  to  the  same  duties  and  liabilities,  except  that  the  city 
treasurer  shall  be  the  collector  for  all  districts  lying  wholly  within  the  city,  and 
he  sliall  be  the  custodian  of  all  such  moneys  as  shall  be  paid  to  him  by  the  county 
treasurer  of  Niagara  county,  and,  also,  of  all  moneys  received  for  tuition,  and 
all  other  receipts  whatsoever.  He  shall  keep  a  separate  account  with  each  of 
such  districts,  keeping  each  fund  separate,  as  directed  by  the  school  authorities 
so  to  do.  and  shall  pay  out  said  moneys  only  upon  warrants  issued  by  the  several 
school  district  officers,  as  directed  by  law.  All  taxes  to  be  collected  by  the  city 
treasurer  shall  be  considered  a  part  of  the  city  taxes,  and  be  governed  by  the 
same  regulations  as  are  herein  provided.  All  districts  lying  wholly  within  the 
city  shall  have  no  other  collector  or  treasurer  than  the  city  treasurer. 

§  3  School  moneys  apportioned.  The  county  treasurer  shall  pay  over  to  the 
treasurer  of  the  city  of  North  Tonawanda,  for  the  use  of  the  several  school 
districts  lying  wholly  within  the  corporate  limits  of  the  city,  such  proportion  of 
the  school,  library  and  other  public  moneys  apportioned  to  the  said  districts  by 
the  Superintendent  of  Public  Instruction  for  teachers'  wages,  libraries  or  other 
purposes,  as  shall  by  law  be  apportioned  to  the  said  districts  lying  wholly  within 
the  corporate  limits  of  said  city. 

[285] 


NORWICH 

This  city  was  incorporated  by  the  Laws  of  1914,  chapter  34.  No  provision  is  made  in 
the  city  charter  for  the  government  of  the  schools  and  such  schools  are  therefore  governed 
by  the  general  provisions  of  the  Education  Law. 


OGDENSBURG 

Chapter  382,  Laws  of  1857 
An  act  in  relation  to  schools  and  academies  in  the  village  of  Ogdensburg 

Section  i  All  that  territory  comprised  within  the  corporation  limits  of  the 
village  of  Ogdensburg,  lying  in  the  tovv^n  of  Oswegatchie,  and  those  parts  of 
school  districts  nos.  i  and  21,  of  the  town  of  Oswegatchie,  lying  without  the  said 
corporation  limits,  are  hereby  consolidated  and  organized  into  one  school  district, 
subject  to  the  control  of  a  board  of  education  as  hereinafter  provided. 

§  2  The  district  hereby  organized  shall  participate  in  the  distribution  of  the 
school  moneys  and  library  money,  in  the  same  manner  as  other  school  districts. 
Whenever  the  board  of  education  shall  be  organized  under  this  act,  the  amount 
to  which  the  district  shall  be  entitled  from  the  moneys  distributed  by  the  State, 
shall  be  paid  over  to  the  treasurer  of  the  village  of  Ogdensburg,  subject  to  the 
orders  of  the  said  board  of  education.  The  amount  to  which  said  district  shall 
be  entitled  for  the  year  1857,  shall  be  determined  by  the  school  commissioners 
of  the  county  of  St  Lawrence,  and  the  supervisor  of  the  town  of  Oswegatchie 
shall  pay  the  amount  so  determined  to  the  treasurer  of  said  village,  upon  the 
order  of  said  school  commissioners. 

§  3  The  supervisor  and  town  clerk,  together  with  three  of  the  justices  of 
the  peace  of  the  town  of  Oswegatchie.  shall  on  or  before  the  ist  day  of  May, 
1857,  meet  and  divide  the  moneys  derived  from  the  sale  of  the  school  lot  in  said 
town,  between  the  school  district  hereby  organized  and  the  remainder  of  said 
towns  in  proportion  to  the  number  of  persons  between  4  and  21  years  of  age. 
residing  in  the  said  village  district  and  the  said  remainder ;  they  shall  also  at  the 
same  time  estimate  and  determine  the  value  of  the  interest  of  the  town  of 
Oswegatchie,  exclusive  of  the  interest  of  the  village  of  Ogdensburg  in  the  academy 
building  and  grounds;  they  shall  deduct  the  value  of  the  interest  of  said  town 
in  such  academy  buildings  and  grounds  from  the  share  of  the  moneys  derived 
from  the  sale  of  the  school  lot  which  would  fall  to  the  said  district  by  this  act 
organized ;  and  shall  make  and  subscribe  a  record  of  such  division,  estimate  and 
deduction,  and  the  result  thereof,  one  copy  of  which  shall  be  filed  with  the  town 
clerk,  and  another  with  the  village  clerk.  Such  acts  when  completed  shall  divest 
said  town,  except  the  village  of  Ogdensburg,  of  all  interest  in  Ogdensburg 
academy  buildings  and  grounds.  That  portion  of  the  said  moneys  arising  from 
the  sale  of  the  school  lot  remaining  to  this  district,  shall  be  subject  to  the  control 
of  the  board  of  education,  within  the  provisions  of  this  act. 

[286] 


EDUCATION    CODE  2^J 

§  4  On  the  second  Wednesday  of  May  1857,  the  electors  of  said  village,  in 
the  same  manner  as  the  charter  elections  are  held,  shall  meet  and  choose  nine  of 
their  number  as  school  commissioners,  who,  when  organized  as  hereinafter  pro- 
vided, shall  constitute  the  said  board  of  education.  Within  eight  days  after 
notice  of  their  election,  they  shall  take  the  oath  of  office  prescribed  by  the  con- 
stitution and  file  the  same  with  the  village  clerk :  within  ten  days  after  their 
election,  the  persons  so  chosen  and  qualified  shall  meet  and  by  lot  arrange  them- 
selves into  three  equal  classes,  and  class  number  one  shall  continue  in  office  for 
one  year,  class  number  two  for  two  years  and  class  number  three  for  three  years, 
provided,  however,  that  no  term  of  office  shall  expire  until  a  successor  is  chosen 
and  qualified ;  and  on  the  same  day  in  each  year  thereafter,  three  persons  shall 
be  chosen  as  school  commissioners  for  the  term  of  three  years.  Any  person 
elected  or  appointed  to  such  office  for  neglect  or  refusal  to  serve  without  cause, 
shall  forfeit  twenty  dollars,  to  be  sued  for,  collected  and  applied  as  other  penalties 
provided  for  in  tliis  act.     {See  L.  i8qj,  ch.  4^4,  post.) 

%  5  One  of  the  said  commissioners  shall  be  selected  by  a  majority  of  their 
number  as  president  of  the  said  board  of  education,  which  office  shall  continue 
for  one  year ;  the  president  shall  preside  when  present  at  all  meetings  of  the 
board. 

^  6  The  village  clerk  shall  be  ex  officio  clerk  of  the  board  of  education;  he 
shall  attend  its  meetings,  make,  engross  and  keep  in  a  book  provided  for  that 
l)urpose  a  record  of  all  the  doings,  votes  and  reports  of  said  board. 

s^  7  The  board  of  education  may  elect  any  person  not  a  member  of  their 
own  body,  superintendent  of  schools,  who  in  addition  to  such  other  duties  as 
may  be  devolved  upon  him  by  said  board,  shall  visit  and  supervise  the  schools  in 
said  village,  examine  into  and  determine  the  qualifications  of  all  teachers  and 
grant  certificates  to  such  as  are  qualified  as  are  now  granted  by  school  commis- 
sioners, but  which  shall  be  valid  for  only  one  year,  and  may  be  revoked  for  cause 
by  himself  or  by  resolution  of  said  board ;  he  shall  make  out  all  annual  and  other 
reports  touching  the  condition  of  the  schools  and  all  matters  connected  therewith. 
The  term  of  office  of  such  village  superintendent  of  schools  shall  be  three  years, 
and  his  salary  shall  be  fixed  and  paid  by  the  board  of  education,  and  shall  be  a 
charge  upon  the  general  fund.     {As  amended  by  L.  i86g,  ch.  36^.) 

§  8  In  case  of  a  vacancy  in  the  said  board  of  education,  by  refusal  to  serve 
or  otherwise  the  said  board  may  supply  the  same  by  appointment  until  the  next 
annual  election,  when  a  commissioner  shall  be  chosen  for  the  remainder  of  the 
unexpired  term. 

§  9  The  treasurer  of  the  village  of  Ogdensburg  shall  be  ex  officio  treasurer 
of  the  board  of  education;  he  shall  receive  all  school  moneys,  keep  the  same 
under  the  respective  heads  of  "  Teachers  fund,"  "  General  fund,"  "  Special 
fund,"  and  "Academy  fund,"  to  which  such  moneys  shall  belong,  to  the  credit  of 
the  board  of  education  of  the  village  of  Ogdensburg;  he  shall  pay  out  the  same 
only  on  the  warrant  of  said  board,  in  favor  of  the  person  entitled  to  receive  it, 
signed  by  the  president  and  clerk ;  he  shall  report  on  the  first  day  of  each  month. 


288  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

to  said  board,  the  receipts  of  all  moneys  since  his  previous  report,  from  what 
source  and  to  which  fund,  the  sums  paid  out,  from  which  fund  and  to  whose 
order,  and  the  balance  of  each  fund  remaining  on  hand,  with  any  general  infor- 
mation specially  required  in  writing  by  said  board ;  he  shall  give  bonds  for  the 
faithful  performance  of  his  duties  in  this  ofifice  in  a  sum  not  less  than  double  the 
amount  of  money  to  come  to  his  hands  ;  the  form,  amount  and  sufficiency  of  the 
sureties  to  be  fixed  and  approved  by  said  board  of  education  and  he  shall  renew 
the  same  as  often  and  whenever  said  board  by  resolution  shall  require. 

§  lo  The  board  of  education  shall  be  a  body  corporate  in  relation  to  their 
powers  and  duties  under  this  act ;  five  shall  constitute  a  quorum  for  the  transac- 
tion of  business,  except  that  when  the  question  involves  the  appointment  of  school 
superintendent,  or  the  removal  of  such  superinendent  or  any  teacher,  the  raising 
of  money  or  the  expenditure  of  over  one  hundred  dollars,  the  assent  of  a  majority 
of  the  whole  board  shall  be  requisite,  and  all  questions  shall  be  taken  by  ayes 
and  nays,  and  the  votes  made  a  matter  on  record ;  any  member  of  said  board  of 
education,  or  any  officer,  superintendent  or  teacher  appointed  by  it  may  be 
removed  for  cause,  after  five  days  notice,  by  resolution  of  said  board. 

§  II  The  members  of  said  board  of  education  shall  not  receive  any  compen- 
sation for  their  services  as  such,  but  shall  be  repaid  all  actual  disbursements  in- 
curred by  them  as  such  officers,  nor  shall  they  be  interested  as  principal,  partner 
or  surety,  in  any  contract  connected  with  the  schools  or  institute  under  the  charge 
of  said  board,  nor  in  making,  erecting,  furnishing  or  supplying  anything  what- 
ever for  the  use  or  connected  therewith,  neither  the  superintendent  nor  any 
teacher  in  the  schools  organized  under  this  act,  nor  any  member  of  the  board  of 
village  trustees,  clerk,  treasurer  or  collector,  of  said  village,  shall  be  eligible  to 
the  office  of  said  school  commissioner. 

§  12  The  trustees  of  the  village  of  Ogdensburg  shall  provide  for  the  said 
board  of  education,  a  suitable  room  in  which  to  hold  their  meetings,  together 
with  the  proper  and  necessary  furniture,  stationery,  fuel,  lights,  and  books  for 
records ;  said  board  shall  meet  as  often  as  once  in  each  month  for  the  transac- 
tion of  business,  and  special  meetings  may  be  called  by  the  president  or  any  three 
members  of  the  board. 

§  13  The  said  board  of  education,  when  organized  as  herein  provided,  shall 
be  and  they  are  hereby  invested  with  full  and  perfect  title  to  all  sites,  lands, 
buildings,  and  all  and  every  other  property  belonging  or  pertaining  to  the  school 
districts  within  the  bounds  of  the  district  hereby  organized,  and  of  the  Ogdens- 
burg Academy,  to  be  kept  and  used  for  school  purposes,  except  as  hereinafter 
provided,  and  said  board  of  education  is  hereby  authorized  and  empowered  to 
take  and  hold  any  and  all  real  and  personal  estate  or  other  things  by  grant,  gift, 
devise  or  bequest,  for  the  use  of  the  schools  or  institute  under  its  charge,  and  to 
use  the  same  or  sell  and  apply  the  proceeds  as  shall  in  its  judgment  best  carry  out 
the  instructions  of  the  donors,  or  subserve  the  interests  of  the  schools. 

§  14  Within  ten  days  after  notice  of  an  organization  of  the  board  of  educa- 
tion, the  trustees  of  the  several  districts  hereby  consolidated  shall  make,  execute 
and  deliver  to  the  said  board,  a  deed  in  fee  simple  of  all  lands,  sites,  buildings  or 


EDUCATION    CODE 


289 


fixtures  owned  or  possessed  by  said  districts,  and  shall  also  deliver  to  said  board 
all  school  furniture  and  any  and  all  school  property,  belonging  to  or  connected 
with  said  school  districts,  and  also  all  school  moneys  in  hand  or  uncollected,  and 
all  tax  and  rate  bills  uncollected,  and  at  the  same  time  report  to  said  board  an 
annual  statement  of  all  indebtedness  of  their  respective  districts,  insurance, 
teachers  employed,  their  names,  compensation  and  period  of  contracts. 

§  15  The  said  board  of  education  shall,  within  thirty  days  after  receiving 
the  reports  required  by  section  14,  from  the  trustees  of  said  school  districts, 
ascertain  the  amount  of  the  indebtedness  of  each  district,  after  the  application  of 
all  its  available  means,  and  certify  the  same  to  the  board  of  village  trustees ; 
they  shall  also,  within  the  same  time,  determine  what  improvements  and  alterations 
are  necessary  in  the  schoolhouses,  and  the  cost  of  the  same  beyond  any  funds  ap- 
plicable to  such  purpose,  and  certify  the  same  to  said  trustees  ;  and  the  said  board 
of  village  trustees  shall  assess  such  several  sums  on  all  the  taxable  property  in 
each  of  the  respective  districts  where  the  money  is  to  be  used,  and  collect  the  same 
along  with  the  first  village  tax  collected  thereafter,  and  place  the  same  to  the 
credit  of  the  board  of  education  and  the  village  treasurer. 

§  16  All  the  taxable  property  within  the  bounds  of  the  district  hereby  organ- 
ized shall  be  liable  to  taxation  under  this  act :  and  taxes  shall  be  apportioned 
upon  the  property  within  the  corporation  according  to  the  valuation  in  the  last 
village  assessment  roll,  and  upon  property  lying  without  the  village  corporation, 
according  to  the  valuation  to  be  fixed  by  the  village  assessors,  which  they  shall 
each  year  ascertain  and  assess  as  they  do  other  property  and  attach  at  the  end  of 
the  village  roll. 

§  17  On  or  before  the  ist  day  of  May  next,  and  on  or  before  the  ist  day  of 
May  in  each  year  thereafter,  the  board  of  education  shall  determine  and  certify 
to  the  common  council  of  the  city  of  Ogdensburg  the  amount  of  money  over  and 
above  all  other  funds  in  hand,  applicable  to  that  purpose,  required  for  teachers' 
wages  for  the  year  commencing  on  the  ist  day  of  April,  and  said  board  of  educa- 
tion shall,  at  the  same  time,  determine  and  certify  to  the  said  common  council 
what  sum  of  money,  exclusive  of  any  applicable  to  such  purposes,  is  necessary 
and  requisite  to  defray  for  the  year  the  expenses  for  fuel,  books  for  indigent 
scholars,  school  furniture  and  apparatus,  insurance,  leasing  additional  school- 
rooms, repairing  houses,  outhouses,  fences  and  other  expenses  ordinarily  incident 
to  the  maintenance  of  such  schools ;  and  the  said  common  council  shall  cause  to 
be  assessed  the  several  sums  of  money  so  certified  on  the  taxable  property  and 
corporations  within  the  district  hereby  organized,  and  collect  the  same  along  with 
the  first  city  tax  thereafter  collected,  which  sums  shall  be  placed  with  the  city 
treasurer  to  the  credit  of  the  board  of  education,  the  first  sum  to  the  teachers' 
fund  and  the  other  sum  to  the  general  fund ;  provided,  however,  in  no  case  shall 
the  assessment  for  these  purposes  in  any  one  year  exceed  seventy-five  cents  on  the 
one  hundred  dollars  on  the  property  valuation  of  the  said  assessment  rolls  liable 
for  said  tax.  In  addition  to  the  sum  heretofore  authorized  to  be  raised,  the  said 
board  of  education  shall,  at  the  same  time,  certify  to  the  common  council  of  the 


10 


290  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

city  of  Ogdensbiirg,  the  sum  which  they  shall  deem  necessary  to  be  raised  to  pay 
the  salary  of  the  superintendent  of  schools  in  said  city,  not  to  exceed  one  thousand 
five  hundred  dollars,  and  the  said  common  council  shall  cause  the  sum  to  be  col- 
lected in  the  same  manner  as  other  moneys  for  the  support  of  schools  in  said  city, 
and  place  the  same  to  the  credit  of  the  board  of  education  in  the  general  fund. 
\\'henever  the  aforementioned  assessments  are  valid,  if  for  any  reason  the  col- 
lector is  unable  to  collect  the  full  amount  of  hrs  warrant,  the  common  council  shall 
supply  any  deficiency  to  these  two  funds,  provided  for  by  this  section,  out  of  any 
moneys  which  may  come  into  the  city  treasury,  and  shall  deposit  the  same  as  above. 
(As  amended  by  L.  1866,  ch.  58;  L.  1868,  ch.  249:  L.  i86g,  ch.  363;  L.  1871, 
ch.  186:  L.  i8g3,  ch.  381;  L.  i8p8,  ch.  2g8;  L.  iqoo,  ch.  j/3;  L.  iQoy,  ch. 
537;  L.  19 1 4,  ch.  226.) 

§  ly-a  When  the  money  of  any  fund  or  funds  of  the  board  of  education  has 
been  exhausted  in  any  year  and  the  board  shall  have  determined  and  certified  to 
the  common  council  as  provided  in  section  seventeen  of  this  act,  and  some  time 
will  elapse  before  the  common  council  can  turn  over  the  school  funds  to  the  city 
treasurer,  by  reason  of  the  city  tax  being  collectible  later  in  the  year,  such  board 
is  hereby  authorized  and  empowered  to  borrow  money  at  such  times  and  in  such 
amounts  as  shall  be  necessary  for  the  maintenance  of  the  schools  of  such  dis- 
trict, pending  the  receipt  of  such  school  moneys  from  the  city  tax  of  the  current 
fiscal  year,  but  not  exceeding  in  the  aggregate  the  sums  certified  for  such  year. 
For  all  moneys  so  borrowed  the  board  of  education  shall  issue  certificates  of 
indebtedness,  signed  by  the  president  and  clerk  of  the  board  and  countersigned 
by  the  city  treasurer,  which  shall  be  in  such  form  and  denominations  and  draw 
such  rate  of  interest,  not  exceeding  the  legal  rate,  as  the  board  of  education  shall 
determine,  and  shall  be  sold  for  not  less  than  par.  Such  certificates  shall  mature 
not  later  than  December  ist  in  the  current  year  and  shall  be  paid  from  the  school 
moneys  made  available  by  the  common  council  for  school  purposes  for  the  same 
fiscal  year.     {As  added  by  L.  191 5,  ch.  113.) 

§  18  The  common  schools  and  the  Ogdensburg  Academy,  hereafter  to  be  kept 
and  maintained  in  the  district  hereby  organized,  shall  be  free  to  all  persons, 
between  the  ages  of  4  and  21  years,  whose  parents  or  guardians  are  actual  resi- 
dents of  the  district.  The  superintendent  of  schools  and  city  clerk  are  hereby  au- 
thorized to  administer  oaths  and  take  affidavits  in  all  matters  pertaining  to  the 
schools  and  academy  provided  for  by  this  act,  which  shall  have  the  same  validity 
as  if  administered  or  taken  by  a  justice  of  the  peace,  but  they  shall  receive  no 
remuneration  therefor.     (As  amended  by  L.  188 1,  ch.  70.) 

§  19  The  trustees  of  the  Ogdensburg  Academy  shall  at  the  time  specified  in 
section  14,  make,  execute  and  deliver  to  the  board  of  education,  a  deed  in  fee 
simple  of  the  Ogdensburg  Academy  and  grounds,  and  also  deliver  over  to 
said  board  all  property  of  whatever  kind  or  nature,  pertaining  to  said  academy, 
with  a  report  of  all  indebtedness,  the  names  and  compensation  of  its  teachers 
and  the  time  for  which  employed. 

§  20  The  board  of  education  shall,  at  the  same  time  they  make  their  certifi- 
cates, as  provided  by  section    15,  determine   what  alterations  or   repairs   to   fit 


EDUCATION    CODE  29I 

the  academy  building  for  the  purposes  of  an  institute,  and  furnish  it.  over  and 
above  all  means  at  their  disposal  for  such  purpose;  and  if  they  shall  elect  so  to 
fit  up  and  furnish  it.  they  shall  certify  the  sum  so  required,  to  the  board  of  trus- 
tees, who  shall  assess  the  same  upon  the  taxable  property  within  the  district  here- 
by organized  and  cause  the  same  to  be  collected  along  with  the  next  village  tax, 
and  paid  over  as  other  sums  to  the  academy  fund. 

§  21  As  soon  as  practicable  after  the  necessary  buildings  are  prepared  the 
board  of  education  shall  organize  a  school  to  be  designated  the  Ogdensburg 
Academy,  which  said  academy  shall  be  entitled  to  participate  in  the  distribution 
of  the  literature  and  other  funds,  as  do  other  academies  of  the  State,  and  the 
Regents  of  the  University  shall  pay  annually  to  the  board  of  education,  said 
academy's  distributive  share  of  such  funds.  Said  academy  shall  be  subject  to 
the  visitation  and  control  of  said  Regents  in  like  manner  as  other  incorporated 
academies.  The  said  academy  is  hereby  invested  with  all  the  rights  of  the  old 
Ogdensburg  Academy  to  any  revenues  derived  from  ferry  licenses  or  other 
sources.     (As  amended  by  L.  1881,  ch.  yo.) 

^  22  Whenever  the  board  of  education  shall  deem  the  erection  of  additional 
schoolhouses  necessary  for  the  common  schools,  or  new  and  additional  edifices 
for  the  Ogdensburg  Academy,  they  shall  determine  the  kind  of  house,  or  edifice, 
the  sum  required  to  erect  the  same,  purchase  the  site,  and  furnish  the  appurte- 
nances, specifying  the  cost  of  each  separately,  and  certify  the  same  to  the  common 
council  of  the  city  of  Ogdensburg.  And  said  common  council  shall  thereupon  call 
a  special  election  for  the  purpose  of  voting  upon  the  said  application  in  the  same 
manner  as  other  special  elections  are  held  in  said  city  for  the  purpose  of  voting 
upon  special  taxes,  except  that  four  weeks"  notice  of  such  special  election  shall  be 
given  instead  of  two  weeks,  during  which  time  said  application  and  specifications 
shall  be  advertised  once  a  week  in  two  of  the  newspapers  published  in  said 
city.  At  such  election  the  common  council  shall  provide  a  box  for  ballots  labeled 
"  schools  "  and  also  ballots  on  which  shall  be  written  or  printed  '"  for  the  school 
tax  "  and  others  so  headed  on  which  shall  be  written  or  printed  "  against  the 
school  tax."  If  more  than  one  proposition  is  submitted  at  the  same  time  separate 
boxes  shall  be  prepared,  each  so  labeled  as  to  designate  its  proper  object,  thus 
"  schools,"  "  appropriation  for  academy."  "  schools,"'  ''  appropriation  for  school- 
house."  and  the  ballots  shall  be  so  headed,  and  shall  be  in  other  respects  as  herein 
previously  provided ;  and  the  inhabitants  of  said  district  entitled  under  the  present 
charter  of  the  city  of  Ogdensburg  to  vote  for  special  city  tax  shall  decide  by  ballot 
for  or  against  such  appropriation.  If  a  majority  of  such  voters  declare  for  any 
such  appropriation  the  common  council  shall  assess  the  same  upon  all  the  taxable 
property  in  said  district,  and  direct  its  collection  with  the  next  city  tax,  and  when 
collected  to  be  paid  over  to  the  credit  of  the  special  fund,  provided,  however, 
that  the  common  council  may  have  the  power  to  apportion  said  tax  for  two  or 
more  years  up  to  four,  and  when  so  apportioned  the  board  of  education  may 
borrow  money  on  credit  of  said  tax.  The  election  shall  be  held  in  the  same 
manner,   except  as   herein   otherwise   prescribed,   as   other   special   elections    for 


29-2  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Special  city  taxes.     (As  amended  by  L.  1881,  ch.  /o;  L.  i88g,  ch.  220;  L.  1804, 
ch.  454.) 

§  23  All  moneys  raised,  received,  or  in  any  wise  belonging  to  the  academy 
or  to  the  school  or  district  hereby  organized,  shall  be  under  the  control  of  the 
board  of  education ;  but  no  moneys  raised  for  a  specific  or  particular  purpose 
shall  be  applied  to,  or  used  for,  any  other  purpose.  Said  board  of  education  is 
hereby  prohibited  from  contracting  debts  for  any  purpose  whatever;  and  the 
lands,  sites,  buildings  and  personal  property  belonging  to  said  academy  or 
schools,  or  used  or  kept  for  school  purposes,  shall  be  forever  exempt  from 
taxation,  and  from  levy  and  sale  on  execution.     {As  amended  by  L.  188 1,  ch.  70.) 

§  24  The  libraries  of  the  several  school  districts  hereby  consolidated,  shall 
be  subject  to  the  control  and  direction  of  said  board  of  education;  they  shall 
provide  for  their  safekeeping;  may  keep  separate  or  consolidate  them  into  one 
or  more  school  libraries ;  dispose  of  any  duplicates  or  unsuitable  volumes,  and 
apply  the  proceeds,  together  with  the  library  money  arising  from  the  common 
school  fund,  to  the  purchase  of  new  books. 

§  25  The  board  of  education  may  prescribe  the  form  and  qualifications 
requisite  to  the  admission  into  the  Ogdensburg  Academy,  the  course  of  studies 
to  be  pursued,  and  the  textbooks  to  be  used  may  fix  the  rates  to  be  charged  for 
tuition  to  those  whose  parents  or  guardians  are  not  actual  residents  of  the 
district,  may  demand  such  tuition  bills  in  advance,  and  may  in  their  discretion 
divide  the  said  academy  into  male  and  female  departments,  and  may  grant 
diplomas  to  graduates  of  said  academy.     {As  amended  by  L.  188 1,  ch.  70.) 

§  26  The  board  of  education  shall  have  full  power  and  it  shall  be  their  duty: 

1  To  organize  as  many  common  schools  in  the  village  as  shall  be  necessary 
for  the  accommodation  of  those  who  attend,  and  change,  consolidate  and  dis- 
continue them. 

2  To  lease  schoolrooms  and  furnish  the  same,  to  sell  or  exchange  the  present 
academy  building  and  grounds,  upon  a  vote  of  the  majority  of  all  the  mem- 
bers of  said  board ;  and  when  authorized  as  herein  provided,  to  purchase  sites 
and  erect  schoolhouses  and  academies. 

3  To  provide  books  and  stationery  for  indigent  scholars,  and  all  necessary 
instruments  and  apparatus  for  the  academy  and  schools. 

4  To  prescribe  the  course  of  studies  in  the  schools,  the  textbooks  to  be  used 
therein,  and  to  do  such  other  acts  as  will  best  promote  the  efficiency  and 
utility  of  the  same. 

5  To  make  rules  and  regulations  for  the  protection  of  the  buildings,  furniture 
and  grounds  pertaining  to  the  said  academy  and  schools. 

6  To  employ  teachers  and  pay  the  same,  to  make  rules  and  regulations  for 
the  reception  of  pupils,  or  their  exclusion  from  school,  or  their  transfer  from 
one  school  to  another,  not  inconsistent  with  the  general  law,  securing  the  freedom 
of  schools  to  all  pupils  residing  in  the  district,  and  to  amend  or  repeal  the  same 
or  to  make  others. 


EDUCATION    CODE  293 

7  To  sue  for  and  collect  in  their  corporate  name  all  penalties  prescribed  or 
authorized  by  this  act;  and  for  all  destruction  of  or  injur}'  to  any  school  property. 

8  To  effect  insurance  on  any  or  all  school  property. 

9  To  make  the  reports  required  by  law  to  the  school  commissioners  and 
Board  of  Regents. 

10  To  employ  a  suitable  and  competent  person  to  take  the  census  of  persons 
within  said  district,  over  4  and  under  21  years  of  age,  and  pay  him  therefor. 

11  To  cause  to  be  prepared  and  presented  to  the  board  of  trustees,  between 
the  1st  and  15th  days  of  April  in  each  year,  a  full  report  of  all  the  acts  of  said 
board,  wherein  shall  be  set  forth  the  number,  kind  and  grade  of  schools  kept ;  the 
number  of  scholars,  time  each  has  attended  and  studies  pursued :  the  number  of 
teachers  employed  and  compensation  to  each ;  the  money  received,  from  what 
sources  deri\ed,  the  amount  disbursed,  and  how  expended,  and  what  sums 
remaining  on  hand  in  each  fund ;  and  any  other  matters  connected  with  the  costs 
and  operation  of  the  schools  and  academy  which  they  may  deem  proper ;  and  the 
board  of  trustees  shall  cause  the  same  to  be  published  two  weeks  previous  to  the 
annual  election,  in  one  of  the  newspapers  published  in  said  village.  (As  amended 
by  L.  188 1,  ch.  /O.) 

§  2'j  The  board  of  trustees  shall  cause  this  act  to  be  published  together  with 
such  rules,  regulations,  and  by-laws  as  shall  be  adopted  by  the  board  of  educa- 
tion ;  and  any  copy  of  the  same  or  either,  duly  certified  by  the  clerk  of  said  board 
under  his  hand  and  seal,  shall  be  received  as  evidence  in  all  courts  of  justice, 
with  the  same  force  and  effect  as  the  originals  if  produced  and  duly  proved. 

§  28  The  acts  and  decisions  of  the  board  of  education,  and  of  the  superin- 
tendent of  schools  by  them  appointed,  shall  be  subject  to  appeal  in  the  same 
manner  as  appeals  are  taken  from  the  acts  of  school  trustees  and  school  com- 
missioners and  from  the  trustees  of  the  Ogdensburg  Academy. 

§  29  On  the  organization  of  the  board  of  education,  the  office  of  "  trustee 
of  the  Ogdensburg  Academy  "  and  "  trustee  of  the  school  district  "  in  the  dis- 
tricts hereby  consolidated,  and  all  other  officers  in  said  districts  shall  terminate, 
except  so  far  as  to  authorize  them  to  perform  the  duties  imposed  by  sections  14 
and  19  of  this  act. 

§  30  Whenever  the  village  of  Ogdensburg  shall  be  incorporated  as  a  city, 
with  or  without  additional  territory,  then  this  act  shall  apply  to  that  corporation, 
the  same  as  now  to  the  village  corporation,  and  common  council  of  said  city 
shall  take  the  place  of  the  board  of  trustees,  and  shall  be  charged  with  all  the 
responsibilities  and  duties,  and  privileges  devolving  upon  said  board  of  trustees 
by  this  act.    {As  amended  by  L.  1868,  ch.  249.) 

All  acts  and  parts  of  acts,  inconsistent  with  this  act  and  the  acts  hereby 
amended  are  hereby  declared  inoperative  in,  and  inapplicable  to,  the  territory 
comprised  within  the  district  by  said  act  organized. 

§  31  The  Legislature  may  at  any  time,  alter,  amend,  or  repeal  this  act. 

§  32  This  act  shall  take  effect  immediately. 


294  THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 

Chapter  454,  Laws  of  1893 

An   act  to  provide    for   the   election   of    school   commissioners    of    the    city   of 
Ogdensburg,  and  their  term  of  office 

Section  i  There  shall  be  no  election  of  school  commissioners  in  May,  1907. 
On  the  first  Tuesday  after  the  first  Monday  in  November,  in  the  year  1906, 
there  shall  be  elected  on  the  same  ballot  as  other  city  officers,  by  a  plurality  vote 
of  electors  of  the  city  of  Ogdensburg,  nine  school  commissioners,  three  for 
terms  beginning  on  the  ist  day  of  June,  1907,  and  expiring  on  the  31st  day  of 
December,  1908,  three  for  terms  beginning  on  the  ist  day  of  June,  1907,  and 
expiring  on  the  31st  day  of  December,  1910,  and  three  for  terms  beginning  on 
the  1st  day  of  June,  1907,  and  expiring  on  the  31st  day  of  December,  1912. 
Three  such  school  commissioners  shall  be  elected  biennially  thereafter,  each  for 
a  term  of  six  years  from  the  ist  day  of  January  next  following  their  election, 
and  until  the  qualification  of  their  successors.  The  terms  of  office  of  all  the 
school  commissioners  of  said  city  in  office  on  the  31st  day  of  May,  1907,  shall 
expire  on  that  day.  The  school  commissioners  elected  under  the  provisions 
hereof  shall  continue  to  constitute  the  board  of  education  of  said  city,  with  all 
the  powers  and  duties  of,  and  governed  by  the  same  provisions  of  law  relating 
to,  their  predecessors  whose  retirement  is  efl:ected  by  this  act,  except  as  herein 
otherwise  provided.      (As  amended  by  L.  ipo6,  ch.  493.) 

§  2  If  a  vacancy  occurs  in  the  office  of  school  commissioner  otherwise  than 
by  expiration  of  term  prior  to  the  time  of  filing  nominations  for  a  city  office  the 
board  of  education  may  appoint  a  person  to  fill  such  vacancy  for  a  term  expiring 
on  the  31st  day  of  December  of  the  year  in  which  the  next  biennial  city  election 
thereafter  is  held,  and  at  such  election,  such  vacancy  if  the  term  of  office  con- 
tinues beyond  the  31st  day  of  December  succeeding  shall  be  filled  for  the 
unexpired  term.  If  a  vacancy  occurs  in  the  office  of  school  commissioner 
otherwise  than  by  the  expiration  of  term  subsequent  to  the  time  of  filing  nomina- 
tions for  a  city  office  and  prior  to  the  next  biennial  city  election,  the  board  of 
education  may  appoint  a  person  to  fill  such  vacancy  for  a  term  expiring  on  the 
31st  day  of  December  succeeding  the  second  biennial  city  election  thereafter, 
unless  the  term  of  office  sooner  expires,  and  at  such  election,  such  vacancy,  if  the 
term  of  office  continues  beyond  the  31st  day  of  December  succeeding,  shall  be 
filled  for  the  unexpired  term.  A  vacancy  in  the  office  of  school  commissioner 
occurring  before  June  i,  1907,  shall  be  filled  by  the  board  of  education  for  a 
term  expiring  on  May  31,  1907.     (As  amended  by  L.  ipo6,  ch.  495.) 

§  3  Said  board  of  education  may  call  a  primary  of  voters  of  said  city  of 
Ogdensburg,  irrespective  of  party,  to  meet  for  the  purpose  of  making  nomina- 
tions for  school  commissioners  of  said  city.  Said  primary  shall  be  held  not 
more  than  forty  days  nor  less  than  thirty  days  before  any  biennial  city  elec- 
tion, and  a  certificate  of  such  nominations  designating  them  as  citizens'  nomina- 
tions for  school  commissioners  shall  be  filed  with  the  county  clerk  of  Saint 
Lawrence  county  at  least  twenty-five  days  and  not  more  than  thirty-five  days 
before  the  election  for  which  such  nominations  shall  be  made,  and  such  nomina- 


EDUCATION    CODE  295 

tions  shall  be  treated  as  a  party  nomination  under  the  election  law,  and  all  the 
provisions  of  said  election  law,  applicable  to  party  nominations,  not  inconsistent 
herewith,  shall  be  applicable  thereto.  At  the  primary  held  in  the  year  1906,  the 
duration  of  the  terms  of  office  for  which  the  several  candidates  are  nominated 
shall  be  indicated  by  the  voters  at  such  primary,  according  to  the  classification 
mentioned  in  section  i  hereof,  and  shall  be  specified  in  said  certificate.  (^As 
amended  by  L.  jpo6,  ch.  4Pj.) 

§  4  So  much  of  chapter  382  of  the  Laws  of  the  year  1857,  entitled  "An  act 
in  relation  to  schools  and  academies  in  the  village  of  Ogdensburg,"  and  the 
several  acts  amendatory  thereof  or  supplemental  thereto  as  conflicts  with  the 
provisions  of  this  act,  is  hereby  repealed. 

§  5  This  act  shall  take  efifect  immediately. 

Chapter  105,  Laws  of  1859 

An   act   enlarging  the   powers   of   the   board    of   education   of   the   village   of 

Ogdensburg 

Section  i  The  board  of  education  of  the  village  of  Ogdensburg  are  hereby 
authorized  to  complete  all  or  any  of  the  unfinished  rooms  in  the  schoolhouses 
in  said  village  which  they  may  deem  necessary,  or  to  rent  others  or  repair  or 
insure  said  schoolhouses,  and  to  provide  the  same  with  suitable  furniture.  They 
shall  estimate  the  expense  thereof  and  on  or  before  the  ist  day  of  April  there- 
after of  each  year  shall  certify  the  amount  of  such  estimate  to  the  board  of 
trustees  of  said  village,  and  thereupon  it  shall  be  the  duty  of  said  trustees  to 
report  the  same  to  an  annual  meeting,  or  to  a  special  meeting  of  the  inhabitants 
of  said  village,  who  are  liable  to  pay  taxes  for  school  purposes,  and  if  a  vote 
of  a  majority  of  persons  attending  said  meeting  be  in  favor  of  said  tax,  it  shall 
be  the  duty  of  the  trustees  of  said  village  to  assess  the  amount  of  such  estimate 
upon  the  taxable  property  of  the  consolidated  school  district,  to  be  collected 
with  the  general  tax  ;  but  no  such  tax  shall  be  raised  by  vote  of  a  special  meet- 
ing, unless  it  shall  have  been  stated  in  the  notice  calling  such  special  meeting, 
that  a  tax  is  to  be  voted  upon,  and  the  amount  to  be  raised  and  for  what  purpose. 
The  money  so  raised  shall  be  paid  to  the  treasurer  of  the  village,  in  a  "  special 
fund,"  to  the  credit  of  the  board  of  education,  and  shall  be  expended  only  for 
the  purpose  of  completing  and  furnishing  the  schoolrooms  as  aforesaid,  except 
as  hereinafter  provided,  and  shall  be  accounted  for  in  the  same  manner  as  other 
moneys  paid  out  by  the  board  of  education  are  by  law  accounted  for. 

§  2  In  case  the  sum  estimated  and  raised  as  above  provided,  shall  be  insuffi- 
cient to  complete,  repair,  insure  or  rent,  and  furnish  the  schoolrooms  as  aforesaid, 
the  board  of  education  shall  certify  to  the  trustees  the  amount  of  the  deficiency, 
and  the  trustees  shall  levy  the  amount  thereof  along  with  the  next  general  tax 
upon  the  consolidated  school  district.  And  in  case  there  shall  remain  a  surplus, 
the  amount  thereof  shall  be  certified  to  the  trustees,  and  the  sum  shall  be  abated 
from  the  next  general  tax  upon  said  district,  and  thereupon  the  amount  of  such 


2g6  THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 

surplus  may  be  transferred  from  the  special  fund  to  the  "  teachers  "  or  "  general 
school  fund,"  and  be  subject  to  the  order  of  the  board  of  education  for  the 
purposes  for  which  those  funds  are  raised  respectively. 

§  3  The  trustees  of  said  village,  in  their  discretion,  may  assess  one-half  the 
sum  estimated,  as  provided  in  the  first  section  of  this  act  to  be  collected  the  first 
year ;  and  the  balance  of  the  actual  expense  may  be  borrowed,  or  a  liability  by 
contract  incurred,  and  the  amount  thereof,  with  interest,  shall  be  collected  the 
following  year. 

§  4  This  act  shall  take  efifect  immediately. 

Chapter  187,  Laws  of  1903 

An  act  for  the  submission  to  the  electors  of  the  city  of  Ogdensburg,  Saint 
Lawrence  county,  New  York,  the  question  of  furnishing  free  textbooks  for  the 
pupils  of  the  school  district  of  said  city 

Section  i  At  the  next  charter  election  to  be  held  in  the  city  of  Ogdensburg, 
Saint  Lawrence  county.  New  York,  on  the  second  Wednesday  of  May,  1903, 
the  electors  of  said  city  are  authorized  to  vote  upon  the  question  of  furnishing 
at  the  expense  of  such  city  free  textbooks  and  ordinary  school  supplies  for  the 
use  of  the  pupils  of  the  school  district  of  said  city  below  the  academic  grade. 
The  officer  or  officers  required  by  law  to  provide  ballots  for  such  election  shall 
furnish  ballots  for  the  use  of  the  electors  of  said  city  which  shall  contain  the 
words  "  F'or  free  textbooks  and  supplies,"  and  "Against  free  textbooks  and  sup- 
plies." The  city  clerk  shall  publish,  in  at  least  two  daily  papers  of  the  city  once 
a  week  for  three  weeks  immediately  preceding  such  election,  notice  that  at  such 
election  said  question  will  be  submitted  to  the  electors  of  the  city.  The  election 
officers  shall  deliver  such  ballots  to  the  electors  voting  at  such  election,  and  the 
inspectors  of  election  shall  receive  and  deposit  in  a  separate  box  prepared  for 
that  purpose  the  votes  cast  thereon  and  shall  canvass  and  make  return  to  the 
common  council  of  the  number  of  such  ballots  cast  thereat  in  the  same  manner 
that  they  canvass  and  return  other  ballots  cast  for  the  city  officers. 

§  2  If  the  number  of  ballots  containing  the  words  "  For  free  textbooks  and 
supplies  "  exceed  those  containing  the  words  "Against  free  textbooks  and  sup- 
plies," the  board  of  education  of  said  city  shall  within  ten  days  after  such  elec- 
tion submit  to  the  common  council  an  estimate  of  the  amount  of  money,  not 
exceeding  two  thousand  dollars,  necessary  to  defray  the  expense  of  providing 
and  caring  for  free  textbooks  and  supplies  for  the  pupils  of  the  school  district 
of  said  city  below  academic  grade,  and  the  common  council  shall  cause  such  sum 
to  be  levied  and  collected  in  the  same  manner  as  other  moneys  are  now  levied 
and  collected  in  the  school  district  of  said  city,  in  addition  to  and  beyond  the 
moneys  now  authorized  to  be  raised  for  school  purposes,  and  the  board  of 
education  shall  thereafter  include  in  their  annual  estimate  such  sum,  not  exceed- 
ing fifteen  hundred  dollars,  as  they  may  deem  necessary  to  provide  for  free  text- 
books and  supplies  for  such  pupils,  and  the  common  council  shall  cause  the  same 
to  be  levied  and  collected  in  addition  to  the  sum  now  authorized  by  law  to  be 
annually  levied  and  collected  for  school  purposes. 


EDUCATION    CODE  297 

§  3  The  moneys  so  levied  and  collected  shall  be  paid  to  the  treasurer  of  the 
city  to  the  credit  of  the  board  of  education  to  be  known  as  the  free  textbook  and 
supply  fund,  to  be  used  by  such  board  in  the  purchase  of  textbooks  and  supplies 
for  the  use  of  the  pupils  of  the  several  schools  of  the  school  district  of  said  city, 
and  for  no  other  purpose. 

§  4  All  books  and  supplies  furnished  under  the  provisions  of  this  act,  shall 
remain  the  property  of  the  board  of  education,  and  the  said  board  may  make  such 
rules  and  regulations  concerning  the  use,  preservation,  care,  return,  custody,  dis- 
position or  sale  of  such  books  and  supplies  by  or  to  the  pupils  of  said  schools  as 
they  may  deem  necessary. 

§  5  All  acts  inconsistent  therewith  are  hereby  repealed. 

§  6  This  act  shall  take  efifect  immediately. 


OLEAN^ 

Chapter  i68,  Laws  of  1883 
An  act  conferring  additional  powers  on  the  trustees  of  union  free  school  district 

number  i  of  the  town  of  Olean,  Cattaraugus  county,  and  granting  additional 

privileges  to  said  district 
Section  i  The  trustees  of  union  free  school  district  number  i  of  the  town  of 
Olean  are  hereby  authorized  and  empowered  to  employ  in  behalf  of  said  district 
a  superintendent  of  common  schools  who  shall  under  the  direction  of  said  trustees 
have  the  general  supervision  of  all  the  public  schools  in  said  district  and  perform 
such  duties  as  the  said  trustees  may  prescribe. 

§  2  Said  union  free  school  district  number  i,  of  the  town  of  Olean,  in  the 
county  of  Cattaraugus,  shall  upon  and  after  the  passage  of  this  act  have  all  the 
powers,  and  possess  all  the  privileges  conferred  upon  cities  and  incorporated 
villages  having  a  population  of  5000  and  upwards,  by  section  6  of  title  3  of 
chapter  555  of  the  Laws  of  1864,  entitled,  "An  act  to  revise  and  consolidate  the 
general  acts  relating  to  public  instruction  "  as  the  same  was  amended  by  chapter 
374  of  the  Laws  of  1876,  entitled,  "An  act  to  amend  section  9  of  chapter  667 
of  the  Laws  of  1875,  entitled,  "An  act  to  amend  chapter  555  of  the  Laws  of 
1864,  entitled  "An  act  to  revise  and  consolidate  the  general  acts  relating  to  public 
instruction." 

Chapter  535,  Laws  of  1915 
An  act  to  consolidate  and  revise  the  several  acts,  relative  to  the  city  of  Olean 
§  133  .  .  .  The  city  of  Olean  shall,  for  all  purposes  relating  to  the  assessment 
and  collection  of  taxes,  be  and  constitute  a  separate  town  in  said  county  of 
Cattaraugus.  The  board  of  supervisors  shall  levy  upon  said  city  the  propor- 
tionate share  or  amount  of  tax  authorized  by  the  laws  of  this  State  for  the  re- 
spective towns.  Nothing  in  this  act  contained  shall  alter  or  change  the  terri- 
torial limits  of  union  free  school  district  number  i  of  the  town  of  Olean,  and 
such  school  district  shall  remain  the  same  as  though  this  act  had  not  been  passed, 
and  the  board  of  education  of  said  school  district  shall  continue  to  levy  and  col- 
lect all  school  taxes  in  said  district  in  the  manner  provided  by  law,  and  such 
school  district  shall  continue  subject  to  all  the  provisions  of  law  api)licable  to 
common  schools,  and  shall  exist  and  be  controlled  under  the  general  school  laws 
of  the  State  of  New  York  in  all  respects  as  in  towns.  The  assessment  roll  in  the 
city  of  Olean  shall  be  considered  a  town  assessment  roll  in  relation  to  all  property 
therein,  for  assessment  and  taxation  for  school  purposes  ;  and  as  regards  such 
school  district  the  city  of  Olean  shall  be  considered  a  town,  and  the  common 
council  shall  have  the  same  authority  as  the  supervisor  of  a  town.     The  moneys. 


The  provisions  of  tlie  Education  Law  apply  to  this  city. 

l2()8| 


EDUCATION    CODE  299 

however,  apportioned  to  said  school  district  shall  be  paid  directly  by  the  treasurer 
of  Cattaraugus  county  to  the  treasurer  of  said  school  district  upon  filing  with  the 
treasurer  of  said  county  a  certificate  in  writing  signed  by  the  president  of  the 
board  of  education  of  said  school  district  and  the  clerk  of  said  school  district,  to 
the  effect  that  the  treasurer  of  said  school  district,  naming  him,  has  given  the 
security  required  by  law  for  the  faithful  discharge  of  his  duties  as  such  treasurer 
and  is  entitled  to  receive  all  moneys  apportioned  to  said  school  district. 


ONEIDA 

Chapter  648,  Laws  of  1911 
An  act  to  revise,  consolidate  and  amend  generally  chapter  225   of  the  Laws 
of  1901,  known  as  "the  charter  of  the  city  of  Oneida,"  and  the  several  acts 
amendatory  thereof,  and  repealing  certain  acts 

TITLE   XVII 

DEPARTMENT  OF  PUBLIC  LNSTRUCTION 
Section  240  City,  permanent  school  district 

241  Board  of  education 

242  Succession  of  property  and  obligations 

243  Election,  powers  and  duties  of  the  president 

244  Superintendent  of  schools 

245  Clerk  and  Iiis  duties 

246  General  powers  of  the  board  of  education 

247  Powers  of  board  of  education  to  raise  money  for  support  of  schools 

248  Board  of  education  budget 

249  Payment  of  funds  to  chamberlain 

250  Powers  of  board  of  education  to  purchase  sites  or  erect  school  buildings 

251  Annual  report  of  board  of  education 

252  State  Superintendent  of  Public  Instruction  to  apportion  State  moneys 

253  Common  council  shall  pass  ordinance  for  protection  of  school  property 

254  Charges   of   misconduct   or  neglect   of   duty  of  any   member  of   the  board  of 

education 

255  Report  of  superintendent  of  schools 

256  District  a  union  free  school  district 

Section  240  City,  permanent  school  district.  The  public  schools  within  the 
corporation  tax  district,  including  all  territory  within  such  district  and  the  resi- 
dents therein,  shall  constitute  one  school  district  and  shall  not  be  subject  to 
alteration.  Such  district  shall  be  entitled  to  all  the  rights,  powers  and  privileges 
and  public  moneys  and  other  benefits  conferred  by  law  or  other  State  authority, 
and  shall,  except  as  otherwise  provided  in  this  act,  be  subject  to  all  the  rules, 
regulations,  powers  of  inspection  and  superintendence  prescribed  by  law  applicable 
to  school  districts  in  cities.  The  schools  in  said  city  outside  of  the  corporation 
tax  district  shall  be  under  the  same  supervision  and  control  as  other  common 
schools  in  Madison  county,  under  the  general  school  laws  of  the  State  in  all 
respects  as  in  towns. 

§  241  Board  of  education.  The  affairs  of  said  school  district  within  said  city 
of  Oneida  shall  be  managed  by  a  board  of  five  members,  to  be  appointed  in  the 
manner  provided  in  this  act,  which  board  shall  be  known  and  designated  as  the 
"  Board  of  education  of  the  city  of  Oneida."  Such  board  and  its  successors  shall 
possess  all  the  powers  and  discharge  all  the  duties  imposed  by  this  act,  or  by  any 
general  law  of  this  State  relating  to  school  districts  in  cities,  or  relating  to  boards 
of  education  of  such  district,  and  not  inconsistent  with  the  provisions  of  this  act. 

[300] 


EDUCATION    CODE  3OI 

§  242  Succession  to  property  and  obligations.  The  title  to  all  real  estate 
and  personal  property  now  belonging  to  any  school  district  wholly  within  said 
corporation  tax  district  in  said  city  is  hereby  vested  in  the  board  of  education  of 
the  city  of  Oneida,  and  all  moneys  and  funds  belonging  to  any  district  wholly 
within  said  corporation  tax  district  shall  be  paid  over  and  delivered  to  the 
chamberlain  of  said  city  and  credited  by  him  to  the  school  fund  of  the  city. 
All  the  rights,  powers,  privileges,  contracts,  obligations  and  liabilities  of  any 
school  district  wholly  within  said  corporation  tax  district  are  hereby  transferred 
to  and  vested  in  and  imposed  upon  said  board  of  education  of  the  city  of  Oneida 
as  hereby  created;  and  the  rights  and  privileges  of  all  persons  that  may  have 
arisen  or  accrued  prior  to  the  passage  of  this  act  shall  remain  and  be  enforced 
by  or  against  the  board  of  education  of  the  city  of  Oneida,  and  its  successors, 
in  the  same  manner  and  with  like  effect  as  the  same  might  have  been  enforced  by 
or  against  the  board  of  education  of  union  free  school  district  number  4  of  the 
town  of  Oneida  or  school  district  number  5  of  said  town,  if  this  act  had  not  been 
passed;  subject,  however,  to  the  provisions  of  this  act. 

§  243  Election,  powers  and  duties  of  president.  The  members  of  the  board 
of  education  shall  at  their  first  meeting  in  March  in  each  year  elect  one  of  their 
members  as  president,  who  shall  hold  said  office  for  the  ensuing  year.  The 
president  shall  preside  over  meetings  of  the  board,  and  perform  such  executive 
acts  and  duties  as  required  by  this  act  and  general  laws,  and  .such  other  lawful 
business  as  shall  be  placed  in  his  charge  by  said  board. 

>$  244  Superintendent  of  schools.  The  said  board  of  education  on  the  first 
Tuesday  of  May  in  the  year  1913,  and  in  each  third  year  thereafter,  shall  appoint 
a  superintendent  of  schools  for  the  term  of  three  years ;  such  superintendent 
shall  be  under  the  direction  of  the  board  of  education,  which  shall  prescribe  his 
powers  and  duties ;  he  shall  be  paid  from  the  teachers  fund  a  salary,  to  be  fixed 
by  the  board  of  education.  Whenever  such  superintendent  shall  be  appointed,  the 
said  school  district  shall  be  entitled  to  the  benefits  of  the  provisions  of  chapter 
140  of  the  Laws  of  1910,  and  the  amendments  thereto. 

§  245  Clerk  and  his  duties.  The  superintendent  of  schools  shall  be  clerk  of 
the  board  of  education,  and  shall  act  as  secretary  and  keep  the  minutes  of  said 
board,  and  shall  perform  such  other  duties  as  shall  be  required  by  this  act  and 
the  general  school  laws  of  the  State,  and  such  other  duties  as  the  board  may 
prescribe. 

§  246  General  powers  of  the  board  of  education.  Subject  to  the  powers  and 
provisions  of  this  act  and  the  general  school  laws,  the  board  of  education  of 
the  city  of  Oneida  shall  have  the  power  and  it  shall  be  its  duty: 

1  To  establish  and  organize  in  said  corporation  tax  district  such  and  so 
many  free  schools  as  said  board  shall  deem  requisite  and  expedient,  and  to 
change  or  discontinue  the  same  at  its  discretion. 

2  To  alter,  improve  and  repair  schoolhouses  and  appurtenances,  as  it  may 
deem  advisable. 


302  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

3  To  purchase,  sell  or  exchange,  improve  and  repair  school  apparatus,  books, 
furniture  and  appendages,  and  to  defray  the  necessary  expenses  attending  the 
same. 

4  To  have  the  custody  and  safekeeping  of  the  school  buildings,  lots,  outhouses, 
books,  furniture  and  appendages  and  to  see  that  the  ordinances  and  by-laws  of 
said  city  in  regard  thereto  are  enforced  and  any  violation  thereof  punished. 

•5  To  contract  with  and  employ  all  necessary  teachers  for  the  schools  of  the 
city  within  said  district  under  such  conditions,  rules  and  regulations  as  may  be 
established  by  the  board,  provided  that  such  rules  and  regulations  are  in  accord 
with  the  general  school  laws  of  the  State  and  the  rules  and  regulations  established 
by  the  Department  of  Public  Instruction  of  the  State. 

6  To  pay  the  salaries  of  superintendent  of  schools  and  teachers  out  of  any 
moneys  appropriated  or  provided  by  law  for  that  purpose. 

7  To  defray  the  necessary  expenses  of  the  board  and  district,  including  the 
wages  of  librarian,  janitors  and  other  assistants  and  employees  and  incidental 
expenses. 

8  To  expend  all  moneys,  raised  by  virtue  of  this  act,  for  purchasing  sites, 
erecting  or  enlarging  schoolhouses,  or  for  other  purposes,  in  such  a  manner  as 
may  be  deemed  advisable,  but  only  for  the  purposes  for  which  the  same  was 
raised. 

9  To  take  and  appropriate  lands  and  other  real  property  within  said  city  for 
school  purposes,  upon  making  compensation  therefor  in  the  same  manner  and 
under  the  same  proceedings  as  prescribed  in  this  act,  and  as  conferred  upon  the 
board  of  public  works  and  common  council  for  opening  streets  and  public 
highways. 

10  To  have,  to  the  exclusion  of  all  boards  and  officers  except  the  Superintendent 
of  Public  Instruction  and  the  Regents  of  the  University  of  this  State,  the  entire 
management  of  the  schools  of  said  corporation  tax  district ;  from  time  to  time  to 
adopt,  alter,  modify  or  repeal,  as  it  may  deem  expedient,  rules  and  regulations 
for  its  organization,  government  and  instruction,  for  the  reception  of  pupils  and 
their  transfer  from  one  schoolroom  or  schoolhouse  to  another,  for  their  advance- 
ment from  class  as  their  degree  of  scholarship  shall  warrant,  and  generally  to 
promote  the  good  order,  efficiency  and  prosperity  of  all  the  schools  of  the  district. 

11  To  allow  children  or  persons  nonresidents  within  the  district  to  attend  any 
of  the  schools  therein  under  the  control  of  said  board,  upon  such  terms  as  said 
board  may,  by  resolution,  prescribe. 

12  To  establish  and  maintain  a  pul)lic  school  lil)rary  and  provide  suitable  rooms 
for  the  use  of  the  same ;  to  exercise  the  same  discretion  as  to  the  disposition  of 
the  moneys  provided  by  law  for  the  purchase  of  libraries  as  is  conferred  upon  the 
inhabitants  of  school  districts. 

13  Other  than  as  provided  by  this  act  to  exercise  all  the  powers  conferred 
upon  the  inhabitants  of  school  districts  at  school  district  meetings. 

14  Other  than  as  provided  in  this  act,  to  exercise  all  the  powers  conferred  and 
all  the  duties  imposed  by  the  general  laws  of  the  State  applicable  to  boards  of 
education  in  cities.     The  records  of  the  proceedings  of  said  board,  or  a  tran- 


EDUCATION    CODE  303 

script  thereof,  certified  by  its  president  and  clerk,  shall  be  received  in  all  the 
court^  and  places  as  prima  facie  evidence  of  the  facts  therein  stated. 

§  247  Powers  of  board  of  education  to  raise  money  for  support  of  schools. 
On  or  before  the  loth  day  of  October  in  each  year,  the  said  board  of  education 
shall  prepare  a  statement  of  such  sums  of  money  as  it  shall  deem  necessary  dur- 
ing the  fiscal  year  commencing  with  the  ist  day  of  January  next  ensuing  for  each 
of  the  following  purposes  : 

1  For  wages  of  superintendent  of  schools  after  applying  such  of  the  public 
school  and  other  moneys  as  may  be  applicable  thereto. 

2  For  the  maintenance  of  a  high  school  and  of  such  grade  schools  as  the  said 
board  of  education  may  deem  necessary  and  the  payment  of  the  teachers  thereof 
and  a  librarian,  after  applying  such  of  the  public  school  and  other  moneys  as 
may  be  applicable  thereto. 

3  For  the  repair  of  schoolhouses,  outhouses  and  grounds  with  the  appendages 
and  appurtenances. 

4  For  the  purchase  of  fuel  and  lights  and  to  pay  contingent  expenses  of  the 
district,  including  the  salaries  of  janitors,  assistants,  employees,  and  incidental 
expenses. 

5  For  the  purchase,  repair  or  improvement  of  school  apparatus,  books,  furni- 
ture and  fixtures. 

>^  248  Board  of  education  budget.  Before  the  meeting  of  the  board  of 
education  at  which  the  aforesaid  statement  is  prepared,  the  said  board  of  educa- 
tion shall  give  to  the  mayor  official  notice  thereof  and  the  mayor  shall  attend 
such  meeting  and  be  accorded  the  right  of  inquiry  into  all  items  of  said  state- 
ment and  all  the  privileges  in  said  meeting  of  the  members  of  said  board,  ex- 
cept the  privilege  of  voting.  Whenever  the  board  of  education  shall  have  finally 
determined  on  the  statement  of  expenses  itemized  as  heretofore  indicated  it  shall 
present  the  same  to  the  mayor  or  acting  mayor  of  the  city  of  Oneida.  If  the 
mayor  or  acting  mayor  approves  such  statement  he  shall  sign  it  and  immediately 
file  it  with  the  city  clerk ;  if  he  disapproves  of  the  same,  or  any  item  therein,  he 
shall  within  five  days  return  the  statement,  with  his  objections  to  the  same  or  to 
such  item  indorsed  thereon  or  annexed  thereto,  to  the  president  of  the  board  of 
education.  Said  board  of  education  shall  then  proceed  to  reconsider  such  state- 
ment, and  if  two-thirds  of  the  members  then  in  office  agree  to  sustain  the  state- 
ments as  made,  it  shall  stand  as  if  it  had  been  approved  by  the  mayor,  and  shall 
immediately  be  filed  with  the  city  clerk.  If  two-thirds  of  the  members  of  said 
board  do  not  agree  to  sustain  the  statement  as  made,  it  shall  be  modified  so  as  to 
conform  to  the  views  expressed  by  the  mayor  in  his  objection,  or  the  board  shall 
present  a  new  statement ;  if  the  mayor  approve  such  new  statement  he  shall  sign 
it  and  file  it  with  the  city  clerk.  But  if  he  does  not  approve  any  item  thereof  he 
shall,  within  twenty-four  hours,  return  the  same  with  his  objections  as  before. 
The  board  of  education  shall  continue  to  present  statements  as  aforesaid  until 
the  mayor's  approval  is  obtained  or  until  two-thirds  of  the  members  of  said  board 


1  So  in  the  original. 


304  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

agree  to  pass  the  same  over  his  objections,  and  said  statement  when  thus  ap- 
proved or  passed  shall  be  filed  with  the  city  clerk.  If  the  mayor  or  acting  mayor 
fails  to  sign  a  statement  of  moneys  required  as  herein  provided,  or  fails  to  return 
said  statement,  with  his  objections  thereto,  to  the  board  of  education  within  five 
days  after  its  submission,  said  statement  shall  be  filed  with  the  city  clerk  in  the 
same  manner  as  if  it  had  been  approved.  When  such  statement  is  finally  filed 
with  the  city  clerk,  the  common  council  of  said  city  shall  include  in  the  annual 
tax  and  assessment  roll  for  that  year  the  amount  specified  in  said  final  statement 
and  the  same  shall  be  collected  by  the  city  chamberlain  who  shall  credit  the  same 
to  the  general  school  fund  of  the  board  of  education. 

>j  249  Payment  of  funds  to  chamberlain.  All  public  moneys  or  funds  be- 
longing or  appropriated  to  the  use  of  said  school  district  or  to  the  use  of  school 
district  numbers  4  and  5  of  the  town  of  Oneida,  and  all  public  moneys  or  funds 
appropriated  to  the  use  of  the  union  free  school  district  of  the  city  of  Oneida 
shall  be  paid  to  the  chamberlain  of  said  city,  who  shall  keep  the  same  separate 
from  the  general  funds  of  the  city  and  shall  credit  to  the  school  fund  the  moneys 
or  property  belonging  thereto.  The  board  of  education  shall  disburse  all  the 
school  funds  of  said  district  by  orders  upon  the  chamberlain  signed  by  the  presi- 
dent and  clerk  of  the  board  of  education.  Said  orders  shall  be  numbered  con- 
secutively and  shall  specify  the  purpose  for  which  they  are  drawn  and  the  per- 
son to  whom  payable.  Upon  request  from  said  board  the  chamberlain  shall  cer- 
tify from  time  to  time  the  balance  remaining  to  be  collected  or  paid  to  the  city 
chamberlain  for  school  purposes;  it  shall  not  be  lawful  for  said  chamberlain  to 
apply  such  moneys,  or  any  part  thereof,  to  any  other  purpose  or  object. 

§  250  Powers  of  board  of  education  to  purchase  sites  or  erect  school  build- 
ings. Whenever  the  board  of  education  shall  resolve  by  an  affirmative  vote  of 
a  majority  of  its  members  that  it  is  necessary  to  purchase  a  site  or  addition  to 
any  site,  or  to  erect  any  school  building,  or  enlarge  any  school  building  already 
erected,  it  sliall  specify  in  such  resolution  the  ward  in  which  such  site  is  to  be 
purchased  or  building  erected  or  enlarged,  and  the  particular  sum  required  for 
each  separately.  The  board  of  education  shall  then  deliver  a  certified  copy  of 
such  resolution  to  the  mayor  who  shall,  within  thirty  days  of  the  receipt  of  said 
resolution,  call  a  special  election  of  the  electors  of  said  corporation  tax  district 
to  vote  for  or  against  such  appropriations  as  the  proposed  expenditures  will 
impose.  Said  election  shall  be  conducted  and  the  result  declared  and  certified 
pursuant  to  the  provisions  and  manner  prescribed  for  conducting  special  elections 
provided  elsewhere  in  this  act,  and  the  expenses  of  such  election  shall  be  paid  out 
of  the  contingent  fund  of  the  corporation  tax  district.  In  case  a  majority  of  the 
votes  cast  be  in  favor  of  any  of  said  appropriations,  the  common  council  shall 
borrow,  upon  the  faith  and  credit  of  said  city,  the  aggregate  of  the  items  havini^ 
such  majority,  or  any  part  thereof,  at  any  time  before  and  until  the  same  can  be 
provided  for  according  to  law.  The  common  council  shall  issue  bonds  or  other 
evidence  of  indebtedness  in  such  forms  as  it  may  prescribe,  at  an  annual  rate  of 
interest  not  exceeding  five  per  centum,  and  payable  at  such  times  and  in  such 
amounts  as  the  common  council  shall  determine.     Said  bonds  or  any  part  thereof 


EDUCATION    CODE  305 

may  be  sold  by  the  common  council  in  such  manner  as  it  may  deem  best,  but  at 
not  less  than  the  par  value  thereof.  The  proceeds  of  the  sale  of  such  bonds  shall 
be  paid  to  the  city  chamberlain  and  shall  be  expended  only  for  the  work  or 
objects  for  which  the  same  was  raised  except  that  the  board  of  education,  after 
completing  the  work  or  other  objects  for  which  said  money  may  have  been  raised, 
may  apply  any  unexpended  balance  that  may  remain  to  any  purpose  mentioned 
in  section  247  of  this  act. 

^  251  Annual  report  of  board  of  education.  It  shall  be  the  duty  of  the  board 
of  education,  on  or  before  the  loth  day  of  January  in  each  year,  to  make  to  the 
common  council  of  the  city  a  detailed  report  of  all  moneys  received  by  it  and  from 
what  sources  and  the  manner  in  which  it  shall  have  expended  such  moneys  and 
the  amount  provided  for  and  appropriated  to  school  purposes  from  any  source 
during  the  last  fiscal  year  of  the  said  board  of  education ;  and  such  report  shall 
be  published  by  the  common  council  in  connection  with,  and  as  a  part  of  the 
annual  report  of  the  financial  transactions  of  the  city,  which  they  are  required 
by  law  to  have  printed  and  circulated.  Said  board  of  education  shall  also  make 
report  to  the  Superintendent  of  Public  Instruction  of  the  State,  and  such  reports 
shall  be  made  in  the  manner  and  at  such  times  as  he  may  direct. 

ij  2^2  State  Superintendent  of  Public  Instruction  to  apportion  State 
moneys.  It  shall  be  the  duty  of  the  Superintendent  of  Public  Instruction  of 
this  State  to  apportion  for  the  use  of  the  said  board  of  education  of  the  city  of 
( )neida  such  portions  of  the  school,  school  library,  and  other  public  moneys  as  it 
shall  be  entitled  to  by  its  annual  report,  in  the  same  manner  in  which  such 
moneys  are  apportioned  to  cities,  and  the  amounts  to  which  it  shall  be  so  entitled 
shall  be  certified  to  the  county  treasurer  of  Madison  county.  The  said  county 
treasurer  of  Madison  county  shall  pay  over  to  the  city  chamberlain  of  the  city  of 
Oneida,  for  the  use  of  the  board  of  education  of  said  city,  such  proportion  of  the 
school,  school  library  and  other  public  moneys  as  may  be  apportioned  by  law  or 
by  the  Superintendent  of  Public  Instruction  of  the  State  to  the  board  of  education 
of  the  city  of  Oneida  for  teachers'  wages,  school  library  and  other  school  purposes. 

.^  2-~,2,  Common  council  shall  pass  ordinances  for  the  protection  of  school 
property.  The  common  council  of  the  city  of  Oneida  shall  have  the  power  and 
it  shall  be  its  duty  to  pass  such  ordinances  and  by-laws  as  the  board  of  education 
of  said  city  shall  report  necessary  for  protection,  safekeeping,  care  and  preserva- 
tion of  the  school  buildings  and  other  school  property  of  said  district,  and  to 
impose  such  penalties  for  the  violation  of  the  same  as  it  shall  deem  proper. 

§  254  Charges  of  misconduct  or  neglect  of  any  member  of  board  of  educa- 
tion. Charges  of  misconduct  or  violation  or  neglect  of  duty  on  the  part  of  any 
member  of  the  board  of  education  may  be  presented  to  said  board  by  any  member 
thereof,  or  by  any  elector  of  the  city  of  Oneida,  and  such  charges  shall  be  duly 
examined  by  said  board  at  a  regular  or  special  meeting  of  which  the  accused 
member  shall  have  at  least  five  days'  notice,  but  at  which  meeting  said  accused 
members  shall  not  be  entitled  to  vote.  If  at  such  meeting,  after  hearing  the 
evidence  on  both  sides,  said  board  shall  deem  the  charges  against  the  member 
sustained,  then  all  the  papers  and  documents  in  the  case,  with  a  transcript  of  the 


306  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

meeting,  shall  be  transmitted  by  the  clerk  of  the  board  of  education  to  the 
Superintendent  of  Public  Instruction  of  the  State,  and  upon  his  approval  of  the 
fmdings  of  the  board  the  accused  member  shall  be  removed  and  his  place  declared 
vacant. 

§  255  Report  of  superintendent  of  schools.  The  superintendent  of  schools 
of  the  city  of  Oneida  shall  confer  with,  and  act  under  the  direction  of  the 
board  of  education  of  said  city  in  the  performance  of  his  duties.  He  shall,  subject 
to  the  direction  of  said  board,  have  general  control  and  supervision  of  the  public 
schools  in  said  city  and  of  the  teachers  employed  therein,  and  shall  on  or  before 
the  1st  day  of  July  in  each  year,  or  at  such  other  time  or  times  as  shall  be  required 
by  said  board,  report  in  writing  to  the  board  of  education  on  the  following 
subjects : 

1  The  whole  number  of  schools  within  the  jurisdiction  of  the  board  of  edu- 
cation, their  cleanliness  and  their  sanitary  condition. 

2  The  repairs  or  alterations,  if  any,  that  are  necessary  for  each  of  said  schools. 

3  The  condition  of  the  school  furniture,  apparatus  and  books  in  the  several 
schools,  and  the  repairs  and  additions  thereto  that  may  be  necessary. 

4  The  number  of  teachers  employed  in  the  several  schools,  their  grade  of  work 
and  their  efficiency,  with  suggestions  as  to  the  increase  or  decrease  in  the  number 
thereof. 

5  The  number  of  pupils  registered  at  each  school,  the  average  daily  attendance 
and  also  the  number  of  pupils  enrolled  in  each  grade  in  the  several  schools. 

6  Such  changes  in  the  organization  and  curriculum  of  any  or  all  of  the  schools 
as  he  may  deem  advisable. 

7  Such  other  information  in  relation  to  the  city  schools  as  may  be  of  interest 
to  the  city  of  Oneida. 

§  256  District  a  union  free  school  district.  The  said  district  shall  ])e  deemed 
and  is  hereby  declared  to  be  a  union  free  school  district  under  the  laws  of  this 
State  relating  to  public  instruction.  All  provisions  of  law,  not  inconsistent  with 
the  provisions  of  this  act,  applicable  to  school  districts  whose  limits  correspond 
with  any  incorporated  city,  and  the  board  of  education  therein,  and  the  corporate 
authority  of  such  cities  are  made  applicable  to  the  school  district  hereby  estab- 
lished, and  to  the  board  of  education  thereof,  and  to  the  corporate  authorities  of 
the  city  of  Oneida. 

i5  19  Suspensions  and  removals  of  appointive  city  ofBcer.  The  mayor, 
common  council  and  each  city  board  or  officer,  having  appointive  powers,  may 
remove  any  city  officer  appointed  l)y  him  or  it,  for  dishonesty,  incapacity,  neglect 
of  duty,  or  other  irregularities,  gi\ing  such  officers  reasonable  notice  thereof  and 
a  reasonable  op})ortunity  to  be  heard,  and  such  officer  may  be  suspended  pending 
such  investigations. 

Subdivision  7  of  section  44,  which  defines  the  duty  of  the  common  council  in 
relation  to  the  annual  tax  levy,  provides  as  follows : 

7  A  sum  necessary  for  the  purposes  and  use  of  the  board  of  education,  includ- 
ing the  i)avmcnt  of  principal  and  interest  upon  the  bonds  heretofore  or  hereafter 


I 


EDUCATION    CODE  307 

issued  for  school  purposes,  falling  due  during  the  fiscal  year  for  which  tax  is 
levied,  to  be  designated  as  the  school  fund. 

Section  10  provides  for  five  members  of  the  board  of  education  and  for  a  super- 
intendent of  schools.  Section  1 1  provides  that  a  member  of  the  board  of  edu- 
cation shall  be  a  resident  elector  and  taxpayer  of  the  city.  Section  13  provides 
that  there  shall  be  five  members  of  the  board  of  education,  that  the 
superintendent  of  schools  and  the  members  of  the  board  of  education  shall 
be  appointive  officers  and  that  the  term  of  oftice  of  such  superintendent  shall 
be  three  years  and  of  each  meml)er  of  the  board  of  education  five  years.  Section 
15  provides  that  the  term  of  office  of  all  officers  appointed  by  the  mayor  shall 
begin  on  the  ist  of  February  in  the  year  in  which  the  appointment  is  required  to 
be  made.  This  section  also  provides  that  the  term  of  office  of  the  superintendent 
of  schools  shall  begin  on  the  ist  day  of  August  in  the  year  in  which  the  appoint- 
ment is  required  to  be  made.  Section  20  provides  that  if  a  vacancy  occurs  in 
an  appointive  office  it  shall  be  filled  for  the  balance  of  the  unexpired  term  by  the 
same  authority  and  in  the  same  manner  as  an  appointment  for  a  full  term.  Under 
section  30  each  officer  of  the  city  is  required  to  take  and  file  an  official  oath  in 
accordance  with  the  provisions  of  the  constitution  and  the  public  officers  law. 


ONEONTA 

Chapter  454,  Laws  of  igo8 
An  act  to  incorporate  the  city  of  Oneonta 

TITLE   IX 

DEPARTMENT  OF  PUBLIC  INSTRUCTION 
Section  150  City,  permanent  school  district 

151  Board  of  education 

152  District  board  continued  a  city  board ;   succession  to  property  and  obligations 

153  Superintendent  of  schools 

154  General  powers  and  duties  of  the  president 

155  Clerk  and  his  general  duties 

156  General  powers  of  the  board  of  education 

157  Powers  of  board  of  education  to  raise  tax  for  support  of  schools 

158  Payment  of  funds  to  chamberlain 

159  Powers   of   board   of   education   to   purchase   sites   or  additions   to   any   site   or 

erect  or  enlarge  any  school  building 

160  Annual  report  of  board  of  education 

161  The  Commissioner  of  Education  to  apportion  State  moneys 

162  Common  council  shall  pass  ordinance  for  protection  of  school  property 

163  Filling  vacancies 

164  Report  of  superintendent  of  schools 

165  District  a  union  free  school  district 

166  School  district  adjoining  city  limits 

Section  150  City,  permanent  school  district.  The  said  city  shall  form  a 
permanent  school  district  and  shall  not  be  subject  to  alteration  by  the  district 
school  commissioner  of  common  schools.  Such  district  shall  be  entitled  to  all  the 
rights,  powers,  privileges,  public  moneys  and  other  benefits  conferred  upon  school 
districts  by  law  or  other  State  authority,  and  shall,  except  as  otherwise  provided 
in  this  act,  be  subject  to  all  the  rules,  regulations,  powers  of  inspection  and  super- 
intendence prescribed  by  law  applicable  to  school  districts  in  cities. 

§  151  Board  of  education.  The  affairs  of  said  school  district  of  the  city  of 
Oneonta  shall  be  managed  by  a  board  of  six  members,  to  be  appointed  in  the  man- 
ner provided  in  this  act,  which  board  shall  be  known  and  designated  as  the  "  board 
of  education  of  the  city  of  Oneonta."  Said  board  and  its  successors  shall  possess 
all  the  powers  conferred,  and  discharge  all  the  duties  imposed  by  this  act,  or  by 
any  general  law  of  this  State  relating  to  school  districts  in  cities  or  relating  to 
boards  of  education  of  such  districts,  and  not  inconsistent  with  the  provisions  of 
this  act. 

ij  152  District  board  continued  as  city  board;  succession  to  property  and 
obligations.  The  present  members  of  the  l)oard  of  education  of  union  free 
school  district  number  5  of  the  town  of  Oneonta,  New  York,  shall  constitute  the 
board  of  education  of  said  city  and  shall  be  members  of  such  board  until  their 

ho8[ 


EDUCATION    CODE  3O9 

successors  are  appointed  and  qualified  as  provided  in  this  act.  The  title  to  all 
real  and  personal  property  now  belonging  to  said  union  free  school  district  and 
the  title  to  all  other  school  property,  either  real  or  personal,  that  shall  be  located 
within  the  limits  of  said  city  is  hereby  vested  in  the  board  of  education  of  the 
city  of  Oneonta,  and  all  moneys  and  funds  belonging  to  school  districts  numbers 
five  and  eleven  shall  be  paid  over  and  delivered  to  the  chamberlain  of  said  city 
and  credited  by  him  to  the  school  fund  of  said  city.  All  the  rights,  powers,  privi- 
leges, contracts,  obligations  and  liabilities  of  said  school  districts  are  hereby  trans- 
ferred to.  vested  in  and  imposed  upon  said  board  of  education  of  the  city  of 
Oneonta  as  hereby  created ;  and  the  rights  and  privileges  of  all  persons  that  may 
have  arisen  or  accrued  prior  to  the  passage  of  this  act  shall  remain  and  be  en- 
forced by  or  against  the  board  of  education  of  the  city  of  Oneonta,  and  its  suc- 
cessors, in  the  same  manner  and  with  like  effect  as  the  same  might  have  been  en- 
forced by  or  against  the  board  of  education  of  said  school  districts,  if  this  act  had 
not  been  passed;  subject,  however,  to  the  provisions  of  this  act. 

§  153  Superintendent  of  schools.  The  said  board  of  education  shall  annually 
appoint  a  superintendent  of  schools  for  the  term  of  one  year;  such  superintend- 
ent shall  be  under  the  direction  of  said  board  of  education,  which  shall  prescribe 
his  powers  and  duties;  he  shall  be  paid  from  the  teachers'  fund  a  salarj-,  to  be 
fixed  by  the  board  of  education.  Whenever  such  superintendent  shall  be  ap- 
pointed, the  said  school  district  shall  be  entitled  to  the  benefits  of  section  5  of  title 
2  of  article  i  of  chapter  556  of  the  Laws  of  1894. 

§  154  General  powers  and  duties  of  president.  The  president  of  the  board 
of  education  shall  preside  over  meetings  of  the  board  when  present,  and  perform 
such  executive  acts  and  duties  as  is  required  by  this  act  and  general  laws,  and  such 
other  lawful  business  as  shall  be  given  him  or  her  in  charge  by  said  board. 

§  155  Clerk  and  his  general  duties.  The  superintendent  of  schools  shall  be 
clerk  of  the  board  of  education  and  shall  act  as  secretary  and  keep  the  minutes  of 
the  said  board,  and  shall  perform  such  other  duties  as  may  be  required  by  this 
act  and  the  general  school  laws  of  the  State  and  such  other  duties  as  the  board 
may  prescribe. 

§  156  General  powers  of  the  board  of  education.  Subject  to  the  provisions 
of  this  act  and  of  the  general  consolidated  school  laws,  the  board  of  education  of 
the  city  of  Oneonta  shall  have  power  and  it  shall  be  its  duty : 

1  To  establish  and  organize  in  said  city  such  and  so  many  free  schools  as  said 
board  shall  deem  requisite  and  expedient,  and  to  change  or  discontinue  the  same 
at  its  discretion. 

2  To  alter,  improve  and  repair  schoolhouses  and  appurtenances,  as  it  may 
deem  advisable. 

3  To  purchase,  sell  or  exchange,  improve  and  repair  school  apparatus,  books, 
furniture  and  appendages  and  to  defray  the  necessary  expenses  attending  the 
same. 

4  To  have  the  custody  and  safekeeping  of  the  school  buildings,  lots,  outhouses, 
books,  furniture  and  appendages  and  to  see  that  the  ordinances  and  by-laws  of 
said  city  in  regard  thereto  are  enforced,  and  any  violation  thereof  punished. 


3IO  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

5  To  contract  with  and  employ  all  necessary  teachers  for  the  schools  of  the 
city  under  such  conditions,  rules  and  regulations  as  may  be  established  by  the 
board,  provided  that  such  rules  and  regulations  are  in  accord  with  the  general 
school  laws  of  the  State  and  the  rules  and  regulations  established  by  the  Depart- 
ment of  Public  Instruction  of  the  State. 

6  To  pay  the  salaries  of  superintendent  of  schools  and  teachers  out  of  any 
moneys  appropriated  or  provided  by  law  for  that  purpose. 

7  To  defray  the  necessary  expenses  of  the  board  and  district,  including  the 
wages  of  janitors  and  other  assistants  and  employees  and  incidental  expenses. 

8  To  expend  all  moneys,  raised  by  virtue  of  this  act,  for  purchasing  sites,  erect- 
ing or  enlarging  schoolhouses,  or  for  other  purposes,  in  such  a  manner  as  may  be 
deemed  advisable  but  only  for  the  purposes  for  which  the  same  was  raised. 

9  To  license,  upon  the  recommendation  of  the  superintendent  of  schools  of  said 
city,  all  teachers  employed  in  the  schools  of  the  city,  in  the  same  manner  and  with 
like  effect  in  said  city  as  school  commissioners  of  counties,  and  to  fix  the  grade 
of  state  license  of  teachers  that  shall  be  accepted  as  the  minimum  requirement  for 
teachers  in  said  city. 

10  To  take  and  appropriate  lands  and  other  real  property  within  said  city  for 
school  purposes,  upon  making  compensation  therefor  and  in  the  same  manner 
and  under  the  same  proceedings  as  prescribed  in  this  act,  and  as  conferred  upon 
the  board  of  public  works  for  opening  of  streets  and  highways. 

1 1  To  have  to  the  exclusion  of  all  boards  and  officers,  except  the  Commissioner 
of  Education  and  the  Regents  of  the  University  of  this  State,  the  entire  super- 
vision and  management  of  the  schools  of  said  city ;  from  time  to  time,  to  adopt, 
alter,  modify  or  repeal,  as  it  may  deem  expedient,  rules  and  regulations  for  its 
organization,  government,  and  instruction  for  the  reception  of  pupils  and  their 
transfer  from  one  schoolroom  or  schoolhouse  to  another;  for  their  advancement 
from  class  to  class  as  their  degree  of  scholarship  shall  warrant,  and  generally  to 
promote  the  good  order,  efficiency  and  prosperity  of  all  the  schools  of  the  city. 

12  To  allow  the  children  or  persons  nonresident  within  the  city  to  attend  any 
of  the  schools  therein  under  the  control  of  the  said  board  upon  such  terms  as  said 
board  may  by  resolution  prescribe. 

13  To  establish  and  maintain  a  city  school  library  and  provide  suitable  rooms 
for  the  use  of  the  same ;  to  exercise  the  same  discretion  as  to  the  disposition  of 
the  moneys  jjrovided  by  law  for  the  purchase  of  libraries  as  is  conferred  upon  the 
inhabitants  of  school  districts. 

14  Other  than  as  provided  by  this  act,  to  exercise  all  the  powers  conferred 
upon  the  inhabitants  of  school  districts  at  school  district  meetings. 

15  Other  than  as  i)rovided  in  this  act  to  exercise  all  the  powers  conferred  and 
all  the  duties  imposed  by  the  general  laws  of  the  State  applicable  to  boards  of 
education  in  cities.  The  records  of  the  proceedings  of  said  board,  or  a  transcript 
thereof,  certified  by  its  president  and  clerk,  shall  be  received  in  all  courts  or  places 
as  prima  facie  evidence  of  the  facts  therein  stated. 


EDUCATION    CODE  3 1  T 

^  157  Powers  of  board  of  education  to  raise  tax  for  support  of  schools.  On 
or  before  the  15th  day  of  July  in  each  year,  the  said  board  of  education  shall  pre- 
pare a  statement  of  such  sums  of  money  as  it  shall  deem  necessary  during  the 
fiscal  year,  which  for  school  and  library  purposes  only  shall  commence  with  the 
1st  day  of  August  next  ensuing,  for  each  of  the  following  purposes: 

1  For  wages  of  superintendent  and  teachers,  after  applying  such  of  the  pubHc 
school  and  other  moneys  as  may  be  applicable  thereto. 

2  For  the  maintenance  of  a  high  school,  and  the  payment  of  the  teachers 
thereof  after  applying  such  of  the  public  school  and  other  moneys  as  may  be  appli- 
cable thereto. 

3  I-'or  the  repair  of  schoolhouses,  outhouses  and  grounds,  with  the  appendages 
and  appurtenances. 

4  For  the  purchase,  repair  or  improvement  of  school  apparatus,  books,  furni- 
ture and  fixtures. 

5  For  the  purchase  of  fuel,  water,  telephone  service  and  lights,  to  pay  contin- 
gent expenses  of  the  district,  including  salaries  of  janitors,  assistants,  employees 
and  incidental  expenses. 

6  For  the  purpose  of  paying  the  interest  or  principal  upon  any  or  all  school 
bonds  that  may  have  heretofore  been  issued  by  said  school  districts  or  either  of 
them,  or  that  may  hereafter  be  issued  for  school  purposes  by  the  common  council, 
and  also  to  pay  such  other  lawful  indebtedness  as  may  be  incurred  for  school  pur- 
poses. Before  the  meeting  of  the  board  of  education  at  which  the  aforesaid  state- 
ment is  prepared,  the  said  board  of  education  shall  give  to  the  mayor  ot^cial 
noiice  thereof  and  the  mayor  shall  attend  said  meeting  and  be  accorded  the  right 
of  inquiry  into  all  the  items  of  said  statement  and  all  the  privileges  in  said  meet- 
ing of  the  members  of  said  board,  except  the  privilege  of  voting.  Whenever  the 
board  of  education  shall  finally  have  determined  on  the  statement  of  expenses 
itemized  as  heretofore  indicated,  it  shall  present  the  same  to  the  mayor  or  acting 
mayor  of  the  city  of  Oneonta.  If  the  mayor  or  acting  mayor  approves  such  state- 
ment he  shall  sign  it,  and  immediately  file  the  same  with  the  city  clerk ;  if  he  does 
not  approve  any  item  therein  he  shall  within  five  days  return  the  statement  with 
his  objections  indorsed  thereon  or  annexed  thereto  to  the  president  of  the  board 
of  education.  Said  board  shall  then  proceed  to  reconsider  such  statement,  and  if 
two-thirds  of  the  members  then  in  office  agree  to  sustain  the  statement  as  made, 
it  shall  stand  as  if  it  had  been  approved  by  the  mayor,  and  shall  be  immediately 
filed  with  the  city  clerk.  If  two-thirds  of  the  members  of  said  board  do  not  agree 
to  sustain  the  statement  as  made,  it  shall  be  modified  so  as  to  conform  to  the  views 
expressed  by  the  mayor  in  his  objection  and  he  shall  then  sign  it  and  file  it  with 
the  city  clerk.  But  if  he  does  not  approve  any  item  thereof  he  shall,  within 
twenty-four  hours,  return  the  same  with  his  objections  as  before.  The  board  of 
education  shall  continue  to  present  statements  as  aforesaid  until  the  mayor's  ap- 
proval is  obtained  or  until  two-thirds  of  the  members  of  said  board  agree  to  pass 
the  same  over  his  objections,  and  said  statement  when  thus  approved  or  passed 
shall  be  filed  with  the  city  clerk.     If  the  mayor  or  acting  mayor  fails  to  sign  a 


312  THE    UNIVERSITY   OF   THE    STATE    OF    NEW    YORK 

Statement  of  moneys  required  as  herein  provided  or  fails  to  return,  within  five 
days  after  its  submission,  said  statement  with  his  objections  thereto,  to  the  board 
of  education  said  statement  shall  be  filed  with  the  city  clerk  in  the  same  manner 
as  if  it  had  been  approved.  When  such  statement  is  filed  with  the  city  clerk,  the 
common  council  of  said  city  shall  then  levy  as  an  annual  school  tax  for  that  year 
the  amount  specified  in  said  statement  and  the  same  shall  be  collected  by  the  city 
chamberlain  under  the  same  terms  as  other  taxes,  who  shall  credit  the  same  to 
the  general  school  fund  of  the  board  of  education. 

§  158  Payment  of  funds  to  chamberlain.  All  public  moneys  or  public  funds 
belonging  or  appropriated  to  the  use  of  said  school  district  number  5  of  the  town 
of  Oneonta  shall  be  paid  to  the  chamberlain  of  the  said  city,  who  shall  keep  the 
same  separate  from  the  general  funds  of  the  city  and  shall  credit  to  the  school 
funds  the  moneys  or  property  belonging  thereto.  The  board  of  education  shall 
disburse  all  the  school  funds  of  said  district  by  orders  upon  the  chamberlain 
signed  by  the  president;  said  orders  shall  be  numbered  consecutively  and  shall 
specify  the  purpose  for  which  they  are  drawn  and  the  persons  to  whom  payable. 
Upon  request  from  said  board,  the  chamberlain  shall  certify,  from  time  to  time, 
the  balance  remaining  to  be  collected  by  or  paid  to  the  city  chamberlain  for  school 
purposes;  it  shall  not  be  lawful  for  the  city  chamberlain  to  apply  such  moneys  or 
any  part  thereof  to  any  other  purpose  or  object. 

§  159  Powers  of  board  of  education  to  purchase  sites,  or  addition  to  any 
site  or  erect  or  enlarge  any  school  building.  Whenever  the  board  of  education 
shall  resolve  by  an  aflirmative  vote  of  two-thirds  of  its  members  that  it  is  neces- 
sary to  purchase  a  site  or  addition  to  any  site,  or  erect  any  school  building  or 
enlarge  any  school  building  already  erected,  it  shall  specify  in  such  resolution  the 
ward  within  which  such  site  is  to  be  purchased  or  building  erected  or  enlarged  and 
the  particular  sum  required  for  each  separately.  The  board  of  education  shall 
then  deliver  a  certified  copy  of  such  resolution  to  the  mayor  who  shall,  within 
thirty  days  after  the  receipt  of  said  resolution,  call  a  special  election  of  the  elect- 
ors of  said  city,  to  vote  for  or  against  such  appropriations  as  the  proposed  expen- 
ditures will  impose.  Said  election  shall  be  conducted  and  the  result  declared  and 
certified  pursuant  to  the  provisions  and  manner  prescribed  for  conducting  special 
elections  provided  elsewhere  in  this  act.  In  case  a  majority  of  the  votes  cast  be 
in  favor  of  any  said  appropriations,  the  common  council  shall  borrow,  upon  the 
faith  and  credit  of  said  city,  the  aggregate  of  the  items  having  such  majority,  or 
any  part  thereof,  at  any  time  before  and  until  the  same  can  be  provided  for  ac- 
cording to  law.  The  common  council  shall  issue  bonds  or  other  evidence  of 
indebtedness  in  such  forms  as  it  may  prescribe  at  an  annual  rate  of  interest  not 
exceeding  four  and  one-half  (45^)  per  centum,  and  payable  at  such  times  and 
in  such  amounts  as  the  common  council  shall  determine.  Said  bonds  or  any  part 
thereof  may  be  sold  by  the  common  council  in  such  manner  as  it  may  deem  best, 
but  at  not  less  than  the  par  value  thereof.  The  board  of  education,  after  com- 
pleting the  work  or  other  objects  for  which  said  money  may  have  been  raised, 


EDUCATION    CODE  313 

may  apply  any  unexpended  balance  that  may  remain  to  any  object  authorized  or 
contemplated  by  this  act. 

§  1 60  Annual  report  of  board  of  education.  It  shall  be  the  duty  of  the  board 
of  education,  on  or  before  the  ist  day  of  August  in  each  year,  to  make  to  the 
common  council  of  the  city  a  detailed  report  of  the  manner  in  which  it  shall  have 
expended  the  money  provided  for  and  appropriated  to  school  purposes  from  any 
source  during  the  last  fiscal  year  of  the  said  board  of  education ;  and  such  report 
shall  be  published  by  the  common  council  in  connection  with,  and  as  a  part  of, 
the  annual  report  of  the  financial  transactions  of  the  city,  which  they  are  required 
by  law  to  have  printed  and  circulated.  Said  board  of  education  shall  also  make 
report  to  the  Commissioner  of  Education  of  the  State,  and  such  reports  shall  be 
made  in  the  manner  and  at  such  times  as  he  may  direct. 

§  161  State  Commissioner  of  Education  to  apportion  State  moneys.  It 
shall  be  the  duty  of  the  Commissioner  of  Education  of  this  State  to  apportion, 
for  the  use  of  the  said  board  of  education  of  the  city  of  Oneonta,  such  portions 
of  the  school,  school  library  and  other  public  money,  as  it  shall  be  entitled  to  by 
its  annual  report,  in  the  same  manner  in  which  such  moneys  are  apportioned  to 
cities,  and  the  amounts  to  which  it  shall  be  so  entitled  shall  be  certified  to  the 
county  treasurer  of  Otsego  county.  The  said  county  treasurer  of  Otsego  county 
shall  pay  over  to  the  city  chamberlain  of  the  city  of  Oneonta,  for  the  use  of  said 
board  of  education  of  said  city,  such  proportion  of  the  school,  school  library  and 
other  public  money  as  may  be  apportioned  by  law  or  by  the  Commissioner  of  Edu- 
cation of  the  State  to  the  board  of  education  of  the  city  of  Oneonta  for  teachers' 
wages,  school  library  and  other  school  purposes. 

^  162  Common  council  shall  pass  ordinances  for  protection  of  school 
property.  The  common  council  of  the  city  of  Oneonta  shall  have  the  power, 
and  it  shall  be  its  duty,  to  pass  such  ordinances  and  by-laws  as  the  board  of  edu- 
cation of  said  city  shall  report  necessary  for  protection,  safekeeping,  care  and 
preservation  of  the  school  buildings  and  other  school  property  of  said  district, 
and  to  impose  such  penalties  for  the  violation  of  the  same  as  it  shall  deem  proper. 

§  163  Filling  vacancies.  All  vacancies  in  the  board  of  education,  occasioned 
by  the  resignation,  refusal  to  serve,  death  or  removal  of  any  of  its  members,  shall 
be  filled  for  the  unexpired  term  by  appointment  by  the  mayor. 

§  164  Report  of  superintendent  of  schools.  The  superintendent  of  schools 
of  the  city  of  Oneonta  shall  confer  with  and  act  under  the  direction  of  the  board 
of  education  of  said  city,  in  the  performance  of  his  duties.  He  shall,  subject  to 
the  direction  of  said  board,  have  entire  control  and  supervision  of  the  public 
schools  in  said  city  and  of  the  teachers  employed  therein  and  shall  on  or  before 
the  ist  day  of  July  in  each  year,  or  at  such  other  time  or  times,  as  shall  be  re- 
quired by  said  board,  report  in  writing  to  the  board  of  education  on  the  follow- 
ing subjects : 

I  The  whole  number  of  schools  within  the  jurisdiction  of  the  board  of  educa- 
tion, their  cleanliness  and  their  sanitary  condition. 


314  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

2  The  repairs  or  alterations,  if  any,  that  are  necessary  for  each  of  said  schools. 

3  The  condition  of  the  school  furniture,  apparatus  and  books  in  the  several 
schools,  and  the  repairs  and  additions  thereto  that  may  be  necessary. 

4  Tlie  number  of  teachers  employed  in  the  several  schools,  their  grade  of 
work,  and  their  efficiency,  with  suggestions  as  to  the  increase  or  decrease  in  the 
number  thereof. 

5  The  number  of  pupils  registered  at  each  school,  the  average  daily  attendance 
and  also  the  number  of  pupils  enrolled  in  each  grade  in  the  several  schools. 

6  Such  changes  in  the  organization  and  curriculum  of  any  or  all  of  the  schools 
as  he  may  deem  advisable. 

7  Such  other  information  in  relation  to  the  city  schools  as  may  be  of  interest 
to  the  people  of  Oneonta. 

§  165  District  a  union  free  school.  The  territory  within  the  limits  of  the 
city  of  Oneonta  shall  be  deemed  and  is  hereby  declared  to  be  a  union  free  school 
district  under  the  laws  of  this  State  relating  to  public  instruction.  All  provisions 
of  law,  not  inconsistent  with  the  provisions  of  this  act,  applicable  to  school 
districts  whose  limits  correspond  with  any  incorporated  city,  and  the  board  of 
education  therein,  and  the  corporate  authority  of  such  cities  are  made  applicable 
to  the  school  district  hereby  established,  and  to  the  board  of  education  thereof, 
and  to  the  corporate  authorities  of  the  city  of  Oneonta. 

§  166  School  districts  adjoining  city  limits.  The  remaining  portion  of  said 
common  school  district  number  11,  part  of  which  is  by  this  act  included  within 
the  limits  of  the  city  of  Oneonta,  shall  remain  a  common  school  district  and 
shall  be  designated  by  the  same  number  as  heretofore,  and  shall  be  entitled  to 
the  public  moneys,  including  the  district  quota,  and  shall  have  and  enjoy  all  the 
rights  and  privileges  and  shall  be  subject  to  the  liabilities  pertaining  to  common 
school  districts.  The  board  of  trustees,  or,  if  there  shall  be  but  one  trustee, 
the  sole  trustee  of  said  district  may  contract  with  the  board  of  education  of 
the  city  of  Oneonta  to  furnish  tuition  and  other  school  advantages  to  the  school 
children  of  said  district  in  the  schools  of  said  city.  Said  tuition  and  school  ad- 
vantages shall  be  provided  for  a  sum  which  shall  not  be  less  than  the  public 
school  moneys  received  by  said  district,  and  said  sum  shall  not  be  so  great  as 
to  require  a  larger  ratio  of  taxation  in  said  common  school  district  than  is  re- 
quired in  said  city  for  school  purposes. 


1 


OSWEGO 

Chapter  394,  Laws  of  1895 
An  act  to  revise  the  charter  of  the  city  of  Oswego 

ARTICLE    VTT 

DEPARTMENT  OF  EDUCATION 

Section  156  On  or  before  the  ist  day  of  May,  1899,  the  mayor  of  the  city 
of  Oswego  shall  make  and  file  with  the  city  clerk  his  appointment  in  writing, 
of  four  persons,  residents  of  the  said  city,  who  shall  be  commissioners  of  free 
common  schools  of  the  city  of  Oswego,  as  hereinafter  set  forth,  and  who  shall 
constitute  the  department  of  education  of  the  said  city.  The  terms  of  office  of 
the  said  commissioners  shall  be  six  years,  except  as  hereinafter  modified.  The 
terms  of  office  of  said  commissioners  shall  begin  upon  said  ist  day  of  May, 
1899,  and  shall  end  upon  the  31st  day  of  December,  1905.  Their  successors 
shall  be  appointed  by  the  then  mayor  in  office  on  the  ist  day  of  January,  next 
succeeding  the  31st  day  of  December.  1905,  and  the  term  of  each  and  all  suc- 
ceeding commissioners  shall  be  six  years,  from  the  ist  day  of  January,  in  the 
year  of  their  said  appointment.  In  case  of  the  death,  resignation  or  removal 
of  any  commissioner  during  his  term  of  office,  the  mayor  then  in  office  shall, 
within  ten  days  thereafter,  appoint  a  successor  to  such  commissioner  for  the  re- 
mainder of  the  unexpired  term  of  the  outgoing  commissioner.  Ever\-  commis- 
sioner of  free  common  schools  of  the  city  of  Oswego  under  this  act  shall  con- 
tinue in  office  after  the  expiration  of  his  term  of  office  as  herein  designated,  until 
his  successor  is  duly  appointed  and  has  qualified.  The  office  of  commissioner  of 
common  schools  of  the  city  of  Oswego  is  hereby  abolished,  to  take  effect  on  the 
30th  day  of  April,  1899.  The  commissioners  of  free  common  schools  shall 
serve  without  compensation.     (As  amended  by  L.  i8go,  ch.  304.) 

§  157  A  majority  of  the  commissioners  of  free  common  schools,  forming  the 
department  of  education  shall  constitute  a  quorum.  At  the  first  meeting  of  said 
department,  which  shall  be  held  within  ten  days  of  their  appointment,  and  an- 
nually thereafter  in  January,  at  their  annual  meeting,  they  shall  elect  one  of 
their  number  president  of  the  department,  and  whenever  he  shall  be  absent  a 
president  pro  tempore  may  be  appointed.     (As  amended  by  L.  i8c)9,  ch.  304.) 

§  158  The  annual  meeting  of  said  department  shall  be  held  on  the  second 
secular  day  of  January  in  each  year.  The  department  shall  also  meet  for  the 
transaction  of  business  as  often  as  once  a  month  and  may  adjourn  for  any 
shorter  time.  Special  meetings  may  be  called  as  often  as  necessary  by  the  presi- 
dent, with  the  written  concurrence  of  two  members  of  the  department,  or,  in 
his  absence  or  inability  to  act,  with  the  like  concurrence  of  any  three  members 
of  the  department,  by  causing  a  written  or  printed  notice  of  such  meeting,  signed 

bi5l 


3l6  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

with  the  names  of  the  members  calling  the  same,  to  be  given  personally  to  each 
member  of  the  department,  or  left  at  his  last  place  of  residence,  at  least  twenty- 
four  hours  before  the  hour  for  such  special  meeting.  Such  notice  shall  specify 
the  object  of  such  special  meeting,  the  action  of  which  shall  be  limited  to  the 
object  so  specified.     (As  amended  by  L.  189Q,  ch.  ^04.) 

§  159  Any  woman  who  is  a  resident  taxpayer  of  the  city  of  Oswego  and  as- 
sessed upon  the  last  preceding  general  assessment  rolls  thereof  for  real  or  per- 
sonal property  to  the  amount  of  two  hundred  and  fifty  dollars,  or  is  the  wife 
of  a  man  who  is  a  resident  of  said  city  and  who  is  assessed  upon  said  rolls  for  a 
like  sum  is  eligible  to  appointment  as  a  commissioner  of  free  common  schools 
of  said  city.     (As  amended  by  L.  iSpp,  ch.  304.) 

§   160  The  commissioners  of  free  common  schools  shall  have  the  power  and 
it  shall  be  their  duty  to  elect  a  superintendent  of  free  common  schools  of  the 
city  of  Oswego,  who  shall  be  ex  officio,  the  secretary  of  the  department  of  edu- 
cation of  said  city.     The  term  of  office  of  such  superintendent  shall  be   four 
years,   and   his   salary   shall   be   eighteen   hundred   dollars   per   annum,   payable 
monthly  out  of  any  moneys  or  funds  belonging  to  said  department,  legally  ap- 
plicable thereto.    The  first  election  of  such  superintendent  of  free  common  schools 
of  the  city  of  Oswego  shall  be  had  within  thirty  days  after  July  i,  1900,  and 
within  thirty  days  after  the  ist  day  of  July,  every  four  years  thereafter,  and 
his  term  of  office  shall  commence  on  the  first  day  of  the  month  next  succeeding 
his  election,  and  shall  continue  for  the  term  of  four  years,  from  the  ist  day  of 
July     in     the     year     of     his     appointment     and     until     his     successor     has 
been  elected  and  has  qualified.     In  case  of  a  vacancy  in  the  office   of   super- 
intendent  of    free   common   schools   of   the   city   of   Oswego,  a   successor   shall 
be   elected   in  the  same  manner   for  the   unexpired   term,   which   election   shall 
be  had  within  one  month  after  such  vacancy  shall  have  occurred.     In  case  of  a 
vacancy  in  the  office  of  superintendent  of  free  common  schools  of  the  city  of 
Oswego  before  July  i,  1900,  the  department  of  education  shall  fill  the  vacancy 
so  occurring  by  the  election  of  a  superintendent  of   free  common  schools   for 
said  city  for  the  term  ending  July   i,   1900,  and  the  superintendent  so  elected 
shall  hold  said  office  until  his  successor  is  duly  elected  and  qualified.     Before 
any  such  election  of  any  superintendent  shall  take  effect  for  any  purpose,  a  cer- 
tificate in  writing  of  such  election,  signed  by  a  majority  of  the  commissioners  of 
free  common  schools  of  the  city  of  Oswego,  then  legally  in  office,  shall  be  made 
and  filed  in  the  office  of  the  clerk  of  the  city  of  Oswego,  and  such  superintendent 
elect  shall  duly  take  and  sign  the  constitutional  oath  of  office  and  file  the  same  with 
said  city  clerk  of  Oswego  city.     If  in  any  year  when  a  superintendent  of  free 
common  schools  is  to  be  elected,  as  aforesaid,   or  a  vacancy   for  any  cause  in 
said  office  is  to  be  filled,  the  said  department  shall  fail,  neglect  or  refuse  to  so 
elect  a  superintendent  for  the  period  of  six  weeks  after  the  term  within  which 
such  election  is  required  to  be  had,  such  failure,  neglect  or  refusal  to  elect  such 
superintendent  shall  be  certified  by  the  department  or  the  mayor  of  the  city 
of  Oswego,  to  the  State  Superintendent  of  Public  Instruction,  who  shall  there- 


EDUCATION    CODE  3I7 

Upon  give  notice  in  writing  to  the  members  of  said  department  of  the  time  and 
place  of  a  meeting  of  said  department,  to  be  held  in  the  city  of  Oswego,  at  which 
he  will  attend,  and  which  meeting  it  shall  be  the  duty  of  said  commissioners  to 
attend.  If  at  said  meeting,  so  called  by  said  State  Superintendent  of  Public 
Instruction,  said  department  still  fail,  neglect  or  refuse  to  elect  a  superintendent 
of  schools  for  said  city,  then,  in  that  case,  said  State  Superintendent  of  Public 
Instruction  may  cast  a  ballot  for  said  superintendent  of  schools  in  said  city,  and 
if  a  choice  is  not  thereby  secured  by  three  votes  for  the  same  candidate,  then 
the  State  Superintendent  of  Public  Instruction  may,  by  a  written  appointment, 
signed  by  him  as  State  Superintendent  of  Public  Instruction,  designate  and  ap- 
point a  superintendent  of  schools  for  said  city,  with  the  same  force  and  effect 
as  if  said  appointee  had  been  duly  elected  by  said  department.  Such  written  ap- 
pointment shall  be  filed  with  the  city  clerk  of  the  city  of  Oswego.  (As  amended 
by  L.  i8q9,  ch.  304.) 

§  161  No  person  elected  superintendent  of  free  common  schools  of  the  city 
of  Oswego  shall  be  removed  from  his  office  except  for  cause,  upon  written 
charges  and  specifications  thereof,  served  upon  him,  and  after  due  trial  before 
the  said  department  of  education,  and  conviction.  On  such  trial  counsel  shall 
be  allowed  such  superintendent  without  expense  to  the  city  of  Oswego,  and  the 
city  attorney  shall  attend  and  act  for  the  said  department,  if  desired.  It  shall 
be  necessary  that  three  in  number  of  the  commissioners  of  free  common  schools 
of  the  city  of  Oswego,  then  duly  and  legally  in  office,  shall  concur  in  voting  for 
the  removal  of  said  superintendent  before  removal  can  be  had,  and  after  such 
trial  and  conviction.     {As  amended  by  L.  i8pp,  ch.  304.) 

§  162  No  person  shall  be  eligible  for  election  to  or  to  hold  the  office  of  super- 
intendent of  free  common  schools  of  the  city  of  Oswego  unless  he  or  she  shall 
have  had  five  years'  actual  experience  as  a  teacher,  either  in  the  free  common 
schools  of  the  State  of  New  York,  or  elsewhere  in  free  common  schools  of  equal 
grade  and  requirements,  or  has  acted  as  superintendent  or  principal  of  such 
schools,  or  taught  for  a  like  period  in  a  college,  all  of  such  service  having  been 
within  the  past  fifteen  years ;  each  year  of  acting  as  such  superintendent  or  prin- 
cipal, or  of  teaching  in  any  college  to  count  as  one  year  of  actual  teaching.  Nor 
shall  any  person  be  eligible  for  election  to  or  to  hold  the  office  of  superintendent 
of  free  common  schools  of  the  city  of  Oswego  unless  he  or  she  be  of  mature 
age,  good  mental  and  bodily  health  and  of  unblemished  character  and  reputation. 
(As  amended  by  L.  iSpp,  ch.  304.) 

§  163  The  duties  and  powers  of  such  superintendent  of  free  common  schools 
of  the  city  of  Oswego  shall  be  as  follows : 

1  He  shall  keep  full  and  regular  books  of  account  of  all  business  and  financial 
transactions  of  the  said  department  and  an  accurate  account  of  each  separate 
fund  of  said  department,  subject  to  warrants,  showing  the  condition  of  the  same, 
the  amount  of  warrants  drawn  against  it  and  the  unexpended  balance,  at  all 
times. 

2  He  shall  keep  a  full  record  and  report  of  all  meetings  and  proceedings  of 


7,1^  THE    UNIVERSITY   OF   THE    STATE    OF    NEW    YORK 

said  department,  and  shall  be  present  at  all  meetings  and  act  as  secretary  of  said 
department,  and  shall  perform  such  other  and  further  duties  as  secretary  of  the 
department  of  education,  as  may  be  required  of  him  by  said  department  of  edu- 
cation, or  required  by  the  provisions  of  this  act,  or  of  the  Consolidated  School 
Law  of  the  State  of  New  York.  All  records  of  said  department,  or  a  transcript 
thereof,  duly  certified  by  said  secretary,  shall  be  received  in  all  courts  of  the 
State  of  New  York,  as  prima  facie  evidence  of  all  the  facts  and  matters  and 
things  therein  set  forth;  and  such  records  and  all  books,  accounts,  vouchers  and 
papers  of  said  department  shall  at  all  times  be  subject  to  the  inspection  of  the 
mayor  or  common  council,  or  a  committee  thereof. 

3  The  said  superintendent  shall  have  exclusive  control  of  all  the  teachers  em- 
ployed in  the  free  common  schools  of  the  city  of  Oswego,  and  shall  have  exclu- 
sive power  and  authority  to  select,  nominate,  dismiss,  transfer,  discharge,  sus- 
pend, fine,  grade,  regrade  and  control  all  of  said  teachers,  and,  in  his  discretion, 
do  any  and  all  such  other  matters  and  things  in  and  about  the  force  and  per- 
sonnel of  the  teachers  in  the  free  common  schools  of  the  city  of  Oswego  as,  in 
his  judgment,  will  tend  to  improve  the  efficiency  of  the  said  free  common  schools 
and  the  teachers  employed  therein,  and  as  will  be  to  the  benefit  and  welfare  of 
the  scholars  in  attendance  at  such  schools.  It  shall  be  the  duty  of  the  said  su- 
perintendent, however,  in  so  far  as  is  practicable,  in  his  selection  and  nomination 
of  teachers,  to  select  and  nominate  the  same  solely  with  regard  to  and  upon  indi- 
vidual merit,  and  all  other  things  being  equal,  to  give  preference  in  such  selection 
and  nomination  to  citizens  of  the  city  of  Oswego.  Only  such  number  of  teachers 
as  may  be  fixed  and  determined  by  the  department  shall  be  legally  selected  or 
nominated  by  said  superintendent.  The  persons  holding  either  of  the  positions 
of  teacher,  janitor,  truant  officer,  superintendent  of  schools  and  secretary  of  the 
department  of  education,  employed  by  the  department  of  education,  or  in  either 
of  said  offices  or  employments  when  this  act  takes  effect  shall  continue  in  such 
office  or  employment  under  this  act  and  subject  to  its  provisions,  until  legally 
removed  therefrom  and  their  successor  or  successors  duly  appointed  or  elected 
and  qualified. 

4  Only  such  teachers  as  are  qualified  under  the  rules  and  regulations  pre- 
scribed by  and  contained  in  the  Consolidated  School  Law  of  the  State  of  New 
York,  or  prescribed  by  the  Superintendent  of  Public  Instruction  of  said  State, 
for  governing  the  examination  and  licensing  and  qualification  of  teachers,  shall 
hereafter  be  eligible  to  selection,  nomination  and  employment  in  the  free  com- 
mon schools  of  the  city  of  Oswego,  provided,  however,  that  any  teacher  now 
emj)loyed  in  the  public  schools  of  said  city  shall  be  eligible  for  such  appointment 
and  employment,  and  the  superintendent  shall  prepare  and  at  all  times  keep  a 
list  of  all  persons  so  as  above  eligible  to  selection,  nomination  and  employment 
as  teachers,  who  have  applied  to  him  for  selection,  nomination  and  employment, 
and  selection  and  nomination  shall  be  made  by  him  from  the  names  upon  said 
list.  And  the  person  or  persons  so  selected  and  nominated  shall  forthwith  be  by 
said  department  of  education  employed  as  a  teacher  or  teachers  in  the  free  com* 


EDUCATION    CODE  3I9 

men  schools  of  the  city  of  Oswego.  Should  said  department  of  education  fail 
neglect  or  refuse  to  employ  the  teacher  or  teachers  so  selected  and  nominated  by 
said  superintendent,  for  the  space  of  ten  days  after  said  selection  and  nomination 
shall  be  filed  with  the  department  of  education  in  writing,  then  and  in  that  event, 
and  on  the  expiration  of  said  period  of  ten  days  such  written  selection  and 
nomination  shall  in  all  things  and  to  all  intents  and  purposes  be  equivalent  to  the 
employment  by  the  department  of  education  of  such  teacher  or  teachers  so  se- 
lected and  nominated. 

5  All  selections  and  nominations  to  and  for  employment  so  as  aforesaid,  here- 
after made  by  said  su])erintendent  to  the  department  of  education,  and  employ- 
ment thereunder,  shall  in  the  first  instance  be  made  for  the  term  of  not  exceed- 
ing one  year,  and  if  at  the  end  of  such  term  it  is  found  by  the  said  superintendent 
that  the  teacher  or  teachers  thus  nominated,  selected  or  employed,  has  answered 
all  requirements  necessary  to  an  efficient  and  capable  teacher,  to  his  satisfac- 
tion, then  said  superintendent  may  reselect  and  renominate  said  teacher  or  teach- 
ers for  employment  by  the  department  of  education  to  serve  during  the  pleasure 
of  said  superintendent. 

6  The  present  system  of  text  or  school  books,  now  in  use  in  the  free  common 
schools  of  the  city  of  Oswego,  shall  not  be  changed  or  new  text  or  school  books 
introduced,  except  upon  the  recommendation  and  consent  of  the  superintendent 
of  free  common  schools  of  said  city.  The  curriculum  of  studies  to  be  pursued  in 
said  free  common  schools  of  said  city  shall  be  fixed  and  may  be  changed  by  the 
said  department  of  public  instruction,  only  upon  recommendation  and  consent 
of  the  said  superintendent  of  free  common  schools  of  said  city.  {As  amended 
by  L.  iSgg,  cli.  304.) 

S  164  The  books  of  the  common  school  library  of  the  city,  now  deposited  and 
kept  in  the  building  of  the  Oswego  City  Library,  in  said  city,  may  remain  there 
at  the  pleasure  of  said  department  of  education  and  subject  to  its  control.  Said 
department  may  designate  the  librarian  of  the  said  Oswego  City  Library  to  have 
the  custody  and  care  of  the  said  common  school  library,  and  may  limit  and  pre- 
scribe his  powers  and  duties  with  respect  thereto  and  provide  for  his  compensa- 
tion.     {As  amended  by  L.  i8gg,  ch.  ^?o/.) 

j<  165  The  common  council  of  the  city  shall  have  power,  and  it  shall  be  their 
duty,  subject  to  the  limitations  contained  in  the  next  section,  to  raise  from  time 
to  time  by  tax.  such  sums  as  may  be  determined  and  certified  by  the  said  de- 
partment of  education  to  be  necessary  and  proper  for  any  or  all  of  the  following 
purposes : 

1  To  purchase,  lease  or  improve  sites  for  schoolhouses. 

2  To  build,  rebuild,  purchase,  lease,  enlarge,  alter,  improve  and  repair  school- 
houses,  and  their  outhouses  and  appurtenances. 

3  To  purchase,  exchange,  improve  and  repair  school  apparatus,  books,  furni- 
ture or  fixtures  and  appendages  ;  but  the  power  herein  granted  shall  not  be  deemed 
to  authorize  the  furnishing  class  or  textbooks  to  any  scholar  or  child  whose 
parents  or  guardians  are  able  to  furnish  the  same. 


320  THE    UNIVERSITY   OF    THE    STATE   OF    NEW    YORK 

4  To  procure  fuel,  and  defray  the  expenses  of  the  free  common  schools  of 
Oswego  city,  and  the  expenses  of  the  school  library  of  the  said  city,  and  all 
other  necessary  contingent  expenses  of  said  department,  including  the  salary 
of  the  superintendent  and  secretary  of  said  department. 

5  To  pay  the  wages  of  teachers  legally  selected,  nominated,  appointed  and  em- 
ployed under  the  provisions  of  this  act,  after  the  application  of  public  moneys, 
which  may  by  law  be  appropriated  and  provided  for  that  purpose.  The  amount 
to  be  raised  for  the  foregoing  purposes  in  each  year,  except  in  the  years  1899  and 
1900,  as  hereinafter  provided,  shall  not  be  less  than  twenty-five  thousand  dol- 
lars, nor  more  than  forty-five  thousand  dollars,  which  amount  shall  be  levied 
and  collected  by  the  common  council  at  the  same  time  and  in  the  same  manner 
as  the  other  general  taxes  of  this  city  are  levied  and  collected,  and  when  col- 
lected shall  be  known  as  the  school  fund.  The  warrant  issued  to  the  city  cham- 
berlain by  the  mayor  for  the  collection  of  such  taxes  shall  specify  what  pro- 
portion of  such  taxes  are  for  general  city  purposes  and  what  proportion  are 
for  the  support  of  the  schools  of  said  city ;  and  the  city  chamberlain  shall  desig- 
nate the  part  thereof  collected  for  the  support  of  said  schools,  and  shall  credit 
the  same  to  the  department  of  education  as  a  part  of  the  public  school  fund  of 
the  said  city,  as  hereinafter  provided.  The  common  council  are  authorized  and 
directed  to  borrow  from  time  to  time  in  anticipation  of  the  collection  of  the 
moneys  hereby  authorized  to  be  raised  or  of  the  receipt  of  the  State  moneys, 
such  amount  as  shall  be  certified  to  them  by  the  resolution  of  the  department  of 
education  to  be  necessary  for  the  use  of  said  schools,  subject  to  the  provisions 
and  limitations  of  this  act.  The  interest  or  discount  paid. in  effecting  such  loan 
shall  be  paid  by  the  department  as  one  of  the  contingent  expenses  of  said 
schools.     (As  amended  by  L.  i8pp,  ch.  J04;  L.  ipoj,  ch.  24Q.) 

§  166  The  department  of  education  is  expressly  prohibited  from  purchasing 
or  contracting  for,  or  paying  for  any  work,  labor,  services,  materials  or  sup- 
plies (excepting  only  the  employment  of  teachers  and  janitors  and  the  election 
of  a  superintendent  of  schools  of  a  truant  officer  by  the  department)  except  as 
herein  specifically  set  forth.  Whenever  any  materials,  supplies,  work,  labor  or 
services  are  required  for  the  use  or  benefit  of  the  free  common  schools  of  the 
city,  a  detailed  statement  of  such  requirement  or  requirements  shall  first  be  pre- 
sented to  the  department  of  education  at  a  regular  or  special  meeting  thereof, 
signed  by  the  secretary  of  said  department  or  by  the  committee  or  member  of 
said  department  having  knowledge  of  such  requirement  or  requirements.  If, 
in  the  opinion  of  the  said  department,  as  evidenced  by  its  vote  at  such  meeting, 
the  said  work,  labor,  materials,  services  or  supplies  are  necessary  and  proper  to 
be  had  for  the  benefit  of  said  department,  then  and  in  that  case  a  copy  of  the 
said  detailed  statement  of  work,  labor,  services,  supplies  or  materials  shall  there- 
upon be  made  and  given  by  the  secretary  of  said  department  to  at  least  three 
responsible  persons,  qualified  to  bid  upon  the  same,  and  to  as  many  more  respon- 
sible and  qualified  persons  as  shall  request  a  copy  thereof,  requesting  written  bids 
upon  such  labor,  services,  supplies,  work  or  materials  as  shall  be  set  forth  in  said 


EDUCATION    CODE  321 

statement.  And  if  such  work,  labor,  services,  materials  or  supplies  will  exceed 
in  value  the  amount  of  fifty  dollars,  then  a  brief  notice  requesting  bids  upon  the 
same,  to  be  set  forth  more  fully  in  specifications,  to  be  had  upon  application  to 
the  secretary  of  said  department,  shall  be  published  by  said  secretary  for  three 
days  in  each  of  the  two  official  papers  of  the  city  of  Oswego.  The  lowest  respon- 
sible bid  or  bids  for  any  such  work,  labor,  services,  materials  or  supplies  shall 
be  accepted  by  the  department  of  education  at  a  regular  or  special  meeting,  and 
a  contract  or  contracts  thereunder  be  executed  or  written  orders  therefor  be  given 
by  direction  of  the  department  of  which  contract  or  order  copies  shall  be  kept  in 
the  office  of  the  department ;  except  that  the  said  department  shall  have  the  right 
to  reject  any  and  all  bids,  and  ask  for  other  bids  therefor.  All  betterments  and 
repairs  to  schoolhouses,  outhouses,  fixtures  or  furniture,  and  all  new  building,  fix- 
tures or  furniture  shall  be  had  and  done  under  the  provisions  of  this  section. 
(As  amended  by  L.  iSqq,  ch.  304.) 

§  167  The  department  of  education  shall  annually,  on  or  before  the  ist  day  of 
May,  submit  to  the  common  council  an  itemized  estimate  and  requisition  of  and 
for  the  several  amounts  required  by  it  for  the  various  matters,  funds  and  pur- 
poses, as  in  this  act  provided,  for  the  maintenance  of  the  free  public  schools  of 
said  city,  and  if  the  sum  granted  by  the  said  common  council  pursuant  to  said 
estimate  and  requisition  shall  be  an  entire  and  gross  sum,  the  department  of  edu- 
cation shall  forthwith  apportion  such  entire  or  gross  sum  among  and  to  the  vari- 
ous funds,  matters  and  purposes  mentioned  in  said  estimate  and  requisition,  and 
the  said  superintendent  shall  forthwith  enter  upon  the  financial  books  of  said 
department  such  sums  so  apportioned  to  the  credit  of  the  particular  fund,  matter 
or  purpose  in  whose  favor  such  gross  sum  was  so  apportioned.  The  same 
course  and  method  of  procedure  shall  obtain  and  be  pursued  by  the  said  depart- 
ment of  education  and  by  said  superintendent,  touching  any  other  gross  sum 
(except  public  moneys,  which  may  by  law  be  appropriated  and  provided  for  the 
payment  of  teachers'  wages)  received  by  said  department  from  any  source. 
Should  the  common  council  apportion  the  sum  or  sums  it  may  grant  upon  the 
said  estimate  and  requisition  of  the  said  department  of  education,  then  the  sum  or 
sums  so  and  as  apportioned  and  granted  by  said  common  council,  shall  forthwith 
be  credited  by  the  said  superintendent  to  the  various  funds  to  which  the  same  are 
or  shall  have  been  so  apportioned  and  granted  by  the  said  common  council. 
Whenever  said  apportionment  shall  have  been  made,  whether  by  the  common 
council  or  by  the  department  of  education,  the  person,  party  or  body  making  such 
apportionment,  shall  without  unnecessary  delay  notify  the  city  chamberlain  of  the 
city  of  Oswego  of  such  api)ortionment,  by  a  writing,  stating  the  fact  of  such 
apportionment,  the  items  of  the  same,  the  several  amounts  apportioned  to  each 
item  or  fund,  and  thereupon  the  said  city  chamberlain  shall,  upon  proper  books 
contained  in  his  office,  open  an  account  with  each  several  item  or  fund  mentioned 
or  contained  in  said  notice  so  served  upon  him.  Orders  may  be  drawn  on  account 
of  said  items  or  funds  by  the  department  of  education  upon  the  city  chamberlain, 
and  each  order  so  drawn  shall  specify  distinctly  upon  the  face  thereof  for  what 
II 


322  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

purposes  and  against  what  particular  fund  or  item  the  same  is  drawn;  and  the 
said  department  of  education  is  expressly  forbidden  to  overdraw  or  attempt  to 
overdraw  either  or  any  of  said  several  items  or  funds,  and  the  said  city  chamber- 
lain is  expressly  forbidden  to  pay  any  order  so  drawn  by  said  department  of  edu- 
cation which  overdraws  in  whole  or  in  part  the  item  or  fund  against  which  the 
same  is  drawn ;  nor  shall  any  moneys  be  diverted  from  one  item  or  fund  to 
another  item  or  fund  after  the  apportionment  above  referred  to  has  been  made, 
by  either  the  department  of  education  or  the  city  chamberlain,  upon  any  pretext 
whatever.  Any  violation  of  the  provisions  of  this  section  by  the  said  department 
of  education  or  any  member  thereof,  or  by  the  said  city  chamberlain,  is  a  misde- 
meanor and  punishable  as  such.  Public  moneys  that  may  be  received  by  the  de- 
partment of  education,  and  which  by  law  may  be  or  have  been  appropriated  and 
provided  for  the  payment  of  teachers'  wages,  or  for  any  other  purpose,  shall  be 
deposited  with  the  said  city  chamberlain  by  the  department  of  education  to  the 
credit  of  the  fund  for  teachers'  wages,  or  to  the  credit  of  the  particular  purpose 
for  which  the  said  moneys  were  appropriated,  and  can  only  be  drawn  on  by  said 
department  for  the  payment  of  teachers'  wages,  or  for  such  other  purpose  as  said 
funds  have  been  specially  deposited  for,  and  such  orders  paid  by  the  city  cham- 
berlain for  the  like  purpose.  It  shall  be  a  misdemeanor  and  punishable  as  such 
to  overdraw,  or  for  any  member  of  the  department  of  education  to  vote  to  over- 
draw, or  to  vote  in  such  a  manner  as  to  overdraw,  or  to  contribute  to  an  overdraft 
of  any  of  the  said  funds,  credits,  items  or  matters  of  said  department.  The  com- 
missioner or  commissioners  voting  for  such  overdraft  or  whose  vote  or  votes  con- 
tribute directly  or  indirectly  to  affect  such  overdraft  shall  jointly  and  severally  be 
liable  to  an  action  in  favor  of  the  city  of  Oswego  as  plaintiff,  to  recover  the 
amount  of  any  such  overdraft  or  overdrafts,  with  interest  from  the  day  of  the 
meeting  or  session  at  which  said  overdraft  or  overdrafts  were  voted  or  occa- 
sioned. And  it  is  hereby  made  the  duty  of  the  city  attorney  of  the  city  of 
Oswego,  upon  being  notified  by  the  mayor  of  any  violation  of  this  section  by  any 
commissioner  or  commissioners,  to  immediately  bring  action  against  said  commis- 
sioner or  commissioners  of  free  common  schools,  in  the  name  of  the  city  of 
Oswego  as  plaintiff,  to  recover  the  amount  of  such  overdraft  or  overdrafts  and 
interest  upon  the  same ;  and  upon  the  trial  of  any  such  action  in  any  court  in  the 
State  of  New  York,  the  minutes  of  said  department  or  a  transcript  thereof  signed 
by  the  secretary  of  said  department  shall  be  prima  facie  evidence  of  all  the  facts 
and  matters  and  things  contained  therein ;  provided  however  that  the  mayor  and 
city  chamberlain  by  joint  consent  thereto  in  writing  may  transfer  any  available 
surplus  from  one  of  said  funds  or  credits  to  another  of  said  funds  or  credits  upon 
request  of  the  department  of  education  by  resolution  duly  passed  showing  neces- 
sity for  such  transfer  to  the  satisfaction  of  the  mayor  and  city  chamberlain.  (As 
amended  by  L.  i8(^g,  ch.  304.) 

§  168  The  said  department  shall  have  power,  and  it  shall  be  their  duty: 

I   To  organize  and  establish  such  and  so  many  schools  in  said  city,  including 


EDUCATION    CODE  323 

the  common  schools  now  existing  therein,  as  they  shall  deem  requisite  and  expe- 
dient, and  to  alter  or  discontinue  the  same. 

2  To  purchase  and  hire  schoolhouses  and  rooms,  lots  or  sites  for  schoolhouses, 
and  to  fence  and  improve  them  as  they  may  deem  proper. 

3  Upon  such  lots  and  sites  owned  by  said  city,  to  build,  enlarge,  alter,  improve 
and  repair  schoolhouses.  outhouses  and  appurtenances,  as  they  may  deem  advis- 
able. 

4  To  purchase,  exchange,  improve  and  repair  school  apparatus,  books  for  indi- 
gent pupils,  furniture  and  appendages,  and  to  provide  fuel  for  the  schools  and 
defray  the  contingent  expenses  of  the  school  library. 

5  To  have  the  custody  and  safekeeping  of  the  schoolhouses,  outhouses,  books, 
furniture  and  appurtenances  and  to  see  that  the  ordinances  of  the  common  council 
in  relation  thereto  be  obsers^ed. 

6  To  contract  with  and  employ  all  teachers  in  said  schools  subject  to  the  selec- 
tion and  nomination  by  the  superintendent  of  schools  as  hereinbefore  provided. 

7  To  pay  the  wages  of  such  teachers  out  of  the  moneys  appropriated  and  pro- 
vided by  law  for  the  support  of  common  schools  in  said  city,  so  far  as  the  same 
shall  be  sufficient,  and  the  residue  thereof  from  the  money  authorized  to  be  raised 
for  that  purpose  by  this  act,  by  tax  upon  said  city. 

8  To  defray  the  necessary  and  contingent  expenses  of  the  department,  includ- 
ing the  annual  salary  of  the  superintendent  of  the  department. 

9  To  have  in  all  respects  the  supervision  of  the  free  common  schools  of  the 
city,  and  from  time  to  time  to  adopt,  alter,  modify  and  repeal,  as  they  may  deem 
expedient,  rules  and  regulations  for  their  organization,  government  and  instruc- 
tion, or  the  reception  of  pupils  and  their  transfer  from  one  school  to  another, 
and  generally  for  their  good  order,  prosperity  and  utility,  subject,  however,  to 
the  powers  by  this  act  conferred  upon  the  superintendent  of  schools  of  said  city. 

10  Whenever,  in  the  opinion  of  the  department  of  education,  it  may  be  advis- 
able to  sell  any  of  the  schoolhouses,  lots  or  sites,  or  any  of  the  school  property 
now  or  hereafter  belonging  to  the  city,  to  report  the  same  to  the  common  council. 

11  To  prepare  and  report  to  the  common  council  such  ordinances  and  regula- 
tions as  may  be  necessary  and  proper  for  the  protection,  safekeeping,  care  and 
preservation  of  schoolhouses.  lots  and  sites  and  appurtenances,  and  all  the  prop- 
erty belonging  to  the  city  connected  with  or  appertaining  to  the  schools,  and  to 
suggest  proper  penalties  for  the  violation  of  such  ordinances  and  regulations ;  and 
annually  on  or  before  the  ist  day  of  May.  in  each  year,  to  determine  and  certify 
to  the  said  common  council  the  sum,  in  their  opinion,  necessary  or  proper  to  be 
raised  for  the  purposes  specified  in  this  title,  under  the  provisions  of  this  act,  for 
the  fiscal  year  commencing  on  the  ist  day  of  January,  preceding,  specifying  the 
amount  required  for  each  of  said  purposes  separately. 

12  To  cause  an  enumeration  of  all  the  children  between  the  ages  of  5  and  21 
years  residing  in  said  city  on  the  30th  day  of  June  next  preceding,  to  be  made 
between  July  ist  and  August  ist  in  each  year. 

13  Between  the  ist  day  of  August  and  the  ist  day  of  September  in  each  year. 


324  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

to  take  and  transmit  to  the  Superintendent  of  Public  Instruction  a  report,  in  writ- 
ing, bearing  date  the  ist  day  of  August  in  the  year  of  its  transmission,  and 
stating : 

I  The  number  of  schoolhouses  in  said  city,  and  an  account  and  description  of 
all  common  schools  kept  in  said  city  during  the  preceding  year,  and  the  time  they 
have  severally  been  taught,  the  number  of  children  taught  in  said  schools,  respect- 
ively, and  the  number  of  children  over  the  age  of  5  years  and  under  the  age  of 
21  years  residing  in  said  city  on  the  30th  day  of  June  in  each  year. 

2  The  whole  amount  of  school  moneys  received  by  the  chamberlain  of  said  city 
during  the  preceding  year,  distinguishing  the  amount  received  by  the  city  cham- 
berlain from  the  city  tax  and  from  any  other  sources. 

3  The  manner  in  which  said  sums  have  been  expended,  and  whether  any  and 
what  part  remains  unexpended,  and  for  what  cause. 

4  The  amount  of  moneys  received  for  tuition  fees  from  foreign  pupils  during 
the  year,  and  the  amount  paid  for  teachers'  wages  in  addition  to  the  public 
moneys,  with  such  other  information  relating  to  the  common  schools  of  said  city, 
as  may  from  time  to  time  be  required  by  the  State  Superintendent  of  Public 
Instruction.     (As  amended  by  L.  i8gg,  ch.  304.) 

§  169  All  moneys  raised  by  virtue  of  this  act  or  received  from  the  State  or 
from  any  other  source  for  the  use  of  said  schools  shall  be  paid  to  the  city  cham- 
berlain of  Oswego  for  the  use  of  said  schools,  and  shall  be  credited  by  him  to  the 
department  of  education,  and  shall  be  known  as  the  public  school  fund  of  said 
city,  and  shall  be  paid  out  by  him  only  upon  drafts  drawn  upon  him,  signed  by  the 
president  and  countersigned  by  the  secretary  of  said  department,  which  drafts 
shall  not  be  drawn  except  in  pursuance  of  a  resolution  or  resolutions  of  said 
board,  and  shall  be  made  payable  to  the  person  or  persons  entitled  to  receive  the 
money  thereon,  and  shall  express  the  purpose  for  which  such  money  is  to  be  paid, 
and  no  interest  shall  be  paid  by  said  department  upon  or  on  account  of  any  drafts 
drawn  by  said  department  or  by  its  authority.  The  secretary  shall  keep  an  accu- 
rate account  of  all  drafts  so  drawn  in  a  book  to  be  kept  by  him  for  that  purpose, 
and  shall  report  at  each  monthly  meeting  of  the  department  the  amount  of  drafts 
drawn  from  the  commencement  of  the  fiscal  year  to  the  date  of  such  report.  The 
city  chamberlain  shall  also  report  to  the  department  whenever  required  by  it  the 
condition  of  the  public  school  fund  in  his  hands.      {As  amended  by  L.  iSgp,  ch. 

304.) 

§  170  It  shall  be  the  duty  of  said  department  in  all  its  expenditures  and  con- 
tracts to  have  reference  to  the  amount  of  moneys  which  shall  be  subject  to  its 
order  during  the  then  current  year,  and  not  to  exceed  that  amount.  The  State 
school  moneys  appropriated  for  the  use  of  the  schools  of  said  city  shall  belong 
to  the  fiscal  year  in  which  the  same  may  be  received  by  the  city  chamberlain. 

a  Each  school  commissioner  shall  visit  all  the  schools  in  said  city  at  least  twice 
in  each  year  of  his  official  term ;  and  the  said  department  of  education  shall 
provide  that  each  of  said  schools  shall  be  visited  by  a  committee  of  three  or  more 
of  their  number  at  least  once  in  each  term. 


EDUCATION    CODE  325 

b  The  said  department  of  education  shall  have  power  to  allow  the  cliildrcn  of 
persons  not  resident  in  said  city  to  attend  the  schools  of  said  city,  under  the  con- 
trol and  care  of  said  department  upon  such  terms  as  said  department  shall  by 
resolution  prescribe,  fixing  the  tuition  which  shall  be  paid  therefor,  to  be  collected 
in  such  manner  as  said  department  shall  direct,  and  immediately  paid  to  the  city 
chamberlain  for  the  use  of  the  said  department.  (As  amended  by  L.  i8pp,  ch. 
304.) 

§  171  The  said  commissioners  of  free  common  schools  shall  be  trustees  of  the 
school  libraries  in  said  city,  and  all  the  provisions  of  law  which  now  are  or  here- 
after may  be  passed  relative  to  school  district  libraries  shall  apply  to  said  com- 
missioners in  the  same  manner  as  if  they  were  trustees  of  a  school  district  com- 
prehending said  city.  They  shall  also  be  vested  with  the  same  discretion  as  to 
the  disposition  of  the  moneys  appropriated  by  the  law  of  this  State  for  the  pur- 
chase of  libraries  which  is  therein  conferred  on  the  inhabitants  of  school  dis- 
tricts. It  shall  be  their  duty  to  provide  a  room  or  rooms  and  the  necessary  fur- 
niture therefor.  The  librarians  shall  report  to  the  department  the  condition  of 
the  city  library  or  the  libraries  under  their  charge,  and  the  said  department  or 
superintendent  thereof,  under  the  direction  and  by  the  resolution  of  said  depart- 
ment, may  make  all  purchases  of  books  for  said  library  or  libraries,  and  may 
direct  the  mode  of  their  distribution,  and  may  cause  to  be  repaired  damaged  books 
belonging  thereto,  and  may  sell  any  book  in  said  library  or  libraries  that  may  be 
deemed  useless  and  apply  the  proceeds  to  the  purchase  of  other  books  for  said 
library  or  libraries.      {As  amended  by  L.  i8pp,  ch.  304.) 

^  172  The  title  of  the  schoolhouses,  sites,  lots,  furniture,  books,  apparatus  and 
appurtenances,  and  all  other  school  property  in  this  act  mentioned,  shall  be  vested 
in  the  city  of  Oswego,  and  the  same,  while  used  or  appropriated  for  school  pur- 
poses, shall  not  be  levied  upon  or  sold  by  virtue  of  any  warrant  or  execution,  nor 
be  subject  to  taxation  for  any  purpose  whatever;  and  the  said  city  in  its  corpo- 
rate capacity,  shall  be  able  to  take,  hold  and  dispose  of  any  personal  or  real  estate 
transferred  to  it  by  grant,  gift,  becjuest  or  devise,  for  the  use  of  the  free  common 
schools  of  said  city,  whether  the  same  be  transferred  in  terms  to  said  city  by  its 
proper  style  or  by  any  other  designation,  or  to  any  person  or  persons  or  body  for 
the  use  of  said  schools.      (As  amended  by  L.  i8qq,  cJi.  304.) 

§  173  The  common  council  of  said  city  shall,  upon  the  recommendation  of  said 
department  of  education,  sell  any  of  the  schoolhouses,  sites,  lots  or  any  of  the 
school  property  now  or  hereafter  belonging  to  said  city,  upon  such  terms  as  the 
common  council  shall  deem  reasonable.  The  proceeds  of  all  such  sales  shall  be 
paid  to  the  city  chamberlain  of  said  city,  and  shall  be  by  said  department  ex- 
pended in  the  purchase,  repairs  or  improvement  of  schoolhouses,  lots,  sites  or 
school  furniture,  apparatus  or  appurtenances. 

§  174  The  common  council  shall  have  power  and  it  shall  be  its  duty  to  pass 
such  ordinances  and  regulations  as  the  said  department  of  education  may  report 
as  necessary  for  the  protection,  preservation,  safekeeping  and  care  of  the  school- 


320  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

houses,  lots,  sites,  appurtenances  and  appendages,  libraries  and  all  necessary  prop- 
erty belonging  to  or  connected  with  the  schools  of  said  city,  and  to  impose  proper 
penalties  for  the  violation  thereof,  subject  to  the  restrictions  and  limitations  con- 
tained in  this  act;  and  all  such  penalties  shall  be  collected  in  the  same  manner 
that  the  penalties  for  the  violation  of  the  city  ordinances  are  by  law  collected,  and 
when  collected  shall  be  paid  to  the  city  chamberlain  of  the  city,  to  the  credit  of 
the  said  department  of  education,  and  shall  be  subject  to  their  order  in  the  same 
manner  as  other  moneys  raised  pursuant  to  the  provisions  of  this  act. 

>;  175  Xo  officer  of  said  department  of  education,  or  any  other  person,  shall 
have  power  to  make  or  shall  make  any  purchases,  create  any  liability,  or  contract 
any  debt  on  the  part  of  said  department,  unless  specifically  authorized  by  the  said 
department  or  by  this  title  so  to  do,  and  no  account,  claim  or  demand  shall  be 
audited,  allowed  or  paid  by  the  said  department,  unless  the  same  was  so  author- 
ized, nor  unless  the  same  shall  be  verified  in  the  same  manner  that  town  accounts 
are  required  to  be  verified.  The  superintendent  of  the  said  department  shall  have 
power  to  administer  any  oath  or  take  any  affidavit  in  respect  to  any  matter  relat- 
ing to  the  business  of  said  department  or  to  the  affairs  of  the  common  council  of 
said  city.      (As  amended  by  L.  i8gg,  ch.  304.) 

§  176  The  department  of  education  of  the  city  of  Oswego  shall  not  purchase 
and  shall  have  no  power  to  purchase  lots  or  sites  for  schoolhouses,  or  to  build  or 
enlarge  schoolhouses  upon  lots  or  sites  now  or  hereafter  owned  or  acquired  by 
said  city,  unless  three-fourths  of  all  the  members  of  said  department  shall  vote 
in  favor  of  such  purchases,  building  or  enlargement.  (As  amended  by  L.  i8()Q, 
eh.  304.) 

§  177  The  department  of  education  is  hereby  authorized  and  directed  to  pay 
all  claims  and  demands  duly  audited  by  it  only  by  warrants  drawn  on  the  city 
chamberlain  against  funds  in  his  hands  subject  to  the  drafts  of  such  department, 
signed  by  its  president  and  countersigned  by  its  superintendent ;  and  every  war- 
rant so  drawn  shall  be  made  payable  to  the  order  of  the  person  entitled  to  receive 
tile  money  thereon.  In  case  of  the  absence,  death  or  inability  of  the  superintend- 
ent of  free  common  schools  to  countersign  any  of  the  above  mentioned  warrants, 
then  said  warrants  shall  be  countersigned  by  a  majority  of  the  members  of  the 
said  department.     (As  amended  by  L.  i8pg,  eh.  304.) 


i 


PLATTSBURG 

Chapter  269,  Laws  of  1902 

An  act  to  incorporate  the  city  of  Plattsburg 

TITLE  VIII 
DEPARTMENT  OF  PUBLIC  INSTRUCTION 

Section  98  All  the  territory  included  within  the  boundaries  of  the  city  of  Platts- 
burg shall  hereafter  constitute  a  separate  school  district  within  this  State  and  shall 
be  designated  as  "  the  school  district  of  the  city  of  Plattsburg."'  It  may  bear  such 
other  additional  designation  as  the  Superintendent  of  Public  Instruction  of  this 
State  may  by  law  prescribe.  Such  district  shall  be  entitled  to  all  the  rights, 
powers,  privileges,  public  moneys  and  other  benefits  conferred  by  law  or  other 
State  authority  upon  school  districts  and  shall  be  subject  to  all  the  rules,  regula- 
tions, powers  of  inspection  and  superintendence  prescribed  by  law  applicable  to 
union  free  school  districts,  except  as  otherwise  hereinafter  provided. 

^  99  The  affairs  of  said  school  district  of  the  city  of  Plattsburg  shall  be  man- 
aged by  a  board  of  fifteen  members  to  be  constituted  as  follows :  five  of  such 
board  to  be  elected  by  the  trustees  of  the  Plattsburg  Academy  and  ten  to  be  ap- 
pointed by  the  mayor  of  the  city  of  Plattsburg,  with  the  approval  of  the  common 
council,  as  follows :  the  present  members  of  the  board  of  education  of  the  pres- 
ent village  of  Plattsburg  are  hereby  continued  in  office  until  the  ist  day  of  August 
in  each  year  during  which  their  term  of  office  would  have  respectively  expired. 
The  mayor  within  sixty  days  after  the  passage  of  this  act  shall  appoint  five  trus- 
tees, to  serve  as  follows:  one  until  the  ist  day  of  August,  1902,  and  one  to  serve 
respectively  for  a  period  of  one,  two,  three  and  four  years  from  said  ist  day  of 
August.  Thereafter  the  mayor  of  such  city,  with  the  approval  of  the  common 
council,  shall  annually  appoint  two  trustees  to  serve  for  a  period  of  five  years. 
The  trustees  of  Plattsburg  Academy  shall  annually  appoint  one  member  of  such 
board  to  serve  for  a  period  of  five  years.  The  said  trustees  shall  meet  at  the 
common  council  chamber  in  said  city  at  eight  o'clock  in  the  evening  of  the  third 
Tuesday  of  May.  1902.  and  shall  organize  as  a  board,  and  shall  provide  and  ap- 
point a  place  for  its  further  meetings.  'I  hereafter,  said  board  of  education  shall 
hold  their  annual  meetings  on  the  second  Monday  of  January  of  each  year,  for 
the  election  of  oHicers.  They  shall  select  by  ballot  from  their  number,  a  president, 
vice  president  and  a  clerk.  They  shall  also  appoint  a  superintendent  of  schools 
of  the  city  and  perform  the  duties  of  supervision  and  all  such  other  duties  as  the 
board  shall  from  time  to  time  direct,  and  shall  be  allowed  such  compensation  as 
the  said  board  may  determine.  He  shall  also  examine  and  license,  under  the  stat- 
ute and  the  rules  and  regulations  established  by  the  State  Superintendent  of  Pub- 
lic Instruction,  teachers  employed  in  the  public  schools  in  said  city.     The  said 

[327J 


328  THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

president,  vice  president  and  clerk  shall  hold  their  office  for  one  year,  and  until 
their  successors  shall  have  been  duly  appointed.  (As  amended  by  L.  ipo^,  ch. 
449-) 

%  100  The  city  chamberlain  shall  be  the  treasurer  of  said  board  of  education, 
and  shall  possess  all  the  powders  and  duties  of  supervisors  of  towns,  with  reference 
to  the  gospel  and  school  money  belonging  to  the  city  of  Plattsburg,  and  shall  have 
exclusive  control  of  the  same.  Meetings  of  said  board  shall  be  held  at  least  once 
in  each  month.  At  each  of  said  meetings,  there  shall  be  appointed  one  or  more 
visiting  committees,  whose  duty  it  shall  be  to  visit  every  school  in  the  city  at  least 
once,  and  to  report  upon  the  condition  and  work  of  the  schools  at  the  next  meet- 
ing of  the  board.  A  majority  of  trustees  in  office  shall  constitute  a  quorum  of 
the  board.      {As  amended  by  L.  190s,  ch.  449.) 

§  loi  In  case  any  vacancy  shall  occur  in  the  office  of  trustee,  by  reason  of 
death,  resignation,  removal  from  the  city  or  refusal  to  quahfy  or  serve,  or  from 
any  other  cause,  the  mayor  in  case  such  vacancy  shall  arise  from  those  appointed 
by  him  may,  with  the  approval  of  the  common  council  make  an  appointment  to 
fill  such  vacancy,  and  the  person  so  appointed  shall  hold  office  for  the  unexpired 
term  of  the  person  to  supply  whose  place,  he  shall  be  appointed ;  and  in  case  a 
vacancy  shall  arise  in  those  selected  by  the  trustees  of  the  Plattsburg  Academy, 
the  remaining  members  of  the  board,  selected  by  such  academy  board,  may  make 
an  appointment  to  fill  such  vacancy  for  the  unexpired  term  of  the  person  to  sup- 
ply whose  place  he  shall  be  appointed.     {As  amended  by  L.  190^,  ch.  44Q.) 

§  102  All  property,  both  real  and  personal,  now  vested  in  and  belonging  to  the 
schools  in  any  district  embraced  within  the  city  of  Plattsburg,  as  hereby  consti- 
tuted, shall  pass  to  and  become  vested  in  the  board  of  education  created  by  this 
act.  And  all  moneys  and  funds  belonging  to  said  district  shall  be  paid  over  and 
delivered  to  the  chamberlain  of  said  city  and  credited  by  him  to  the  school  fund 
of  said  city.  All  the  rights,  powers,  privileges,  contracts,  obligations  and  liabil- 
ities of  said  union  free  school  district  are  hereby  transferred  to,  vested  in  and 
imposed  upon  said  board  of  education  of  the  city  of  Plattsburg,  as  hereby  created. 
And  the  rights  and  privileges  of  all  persons  that  may  have  arisen  or  accrued  prior 
to  the  passage  of  this  act  shall  remain  and  be  in  force  by  or  against  the  board  of 
education  of  the  city  of  Plattsburg  and  its  successors  in  the  same  manner  and 
with  a  like  elfect  as  though  this  act  had  not  been  passed  —  subject,  however,  to 
the  provisions  of  this  act. 

§  103  A  trustee  duly  elected  or  appointed,  who  declares  that  he. will  not  accept 
or  serve  in  the  office  of  trustee,  or  who  refuses  or  neglects  to  attend  three  succes- 
sive stated  meetings  of  the  board,  without  rendering  a  good  and  valid  excuse  there- 
for to  the  board,  vacates  his  office  for  refusing  to  serve. 

§  104  Neither  the  mayor  nor  any  member  of  the  common  council  shall  hold  the 
office  of  a  member  of  the  board  of  education  under  this  act. 

§  105  The  district  hereby  created  shall  be  deemed  and  is  hereby  declared  to  be 
a  union  free  school  district  under  the  laws  of  this  State  relating  to  public  instruc- 
tion.    All  provisions  of  general  law,  not  inconsistent  with  the  provisions  of  this 


EDUCATION    CODE  329 

act,  applicable  to  school  districts,  whose  limits  correspond  with  any  incorporated 
village  or  city,  and  the  boards  of  education  therein  and  the  corporate  authority 
of  such  cities  and  villages,  are  made  applicable  to  the  school  district  hereby  estab- 
lished, and  to  the  board  of  education  thereof,  and  to  the  corporate  authorities  of 
the  city  of  Plattsburg. 

§  106  The  board  of  education  shah,  on  or  before  the  15th  day  of  October  in 
each  year,  make  to  the  mayor  and  common  council  of  the  city  of  Plattsburg,  an 
annual  report  to  the  ist  day  of  August  next  preceding,  setting  forth  the  number 
of  children  of  each  school  under  its  charge,  a  statement  of  all  the  liabilities  and 
expenses  incurred  with  all  the  disbursements  made  by  it,  during  the  preceding 
year,  and  all  other  matters  of  interest  relating  to  the  schools.  The  common  coun- 
cil shall  cause  such  report  to  be  published  in  the  official  newspapers  of  the  city 
of  Plattsburg,  the  expense  of  such  publication  to  be  audited  by  the  board  of  edu- 
cation and  paid  out  the  school  fund.      (As  amended  by  L.  1904,  ch.  319.) 

§  107  The  said  board  shall  also,  on  or  before  the  15th  day  of  October,  in  each 
year,  state  the  amount  of  money  to  be  raised,  which  when  added  to  the  money 
annually  apportioned  to  the  said  schools  of  said  city  out  of  the  funds  belonging 
to  the  State  or  any  other  funds  available  therefor,  will,  in  its  judgment,  be  neces- 
sary to  support  all  the  schools  under  its  superintendence  for  the  ensuing  current 
year,  and  for  the  furtherance  of  any  of  the  powers  vested  in  it  by  law.  The  said 
resolution  shall  set  forth,  in  a  detailed  statement,  the  various  purposes  of  antici- 
pated expenditure  and  the  amount  necessary  for  each.  A  copy  of  such  resolution 
shall  be  certified  by  the  president  and  clerk  of  said  board,  under  the  seal  of  said 
board  and  delivered  to  the  mayor  arid  common  council  of  said  city.  If  the  mayor 
approves  such  statement,  he  shall  sign  it  and  immediately  file  the  same  with  the 
city  clerk.  It  shall  be  the  duty  of  the  common  council  to  levy  and  collect  annu- 
ally such  amount  as  the  board  shall  have  determined  and  the  mayor  approved  at 
the  same  time  and  in  the  same  manner  as  other  general  city  taxes  are  levied  and 
raised  for  the  ensuing  year,  and  such  common  council  shall  have  no  power  to 
withhold  or  refuse  to  levy  and  collect  by  tax,  such  sums  so  determined  by  such 
resolution  to  be  necessary  for  teachers'  wages,  for  superintendence,  for  the  ordi- 
nary contingent  expenses,  including  necessary  repairs  to  all  the  structures  belong- 
ing to  the  city  for  supporting  the  schools,  for  stationery  and  books  and  for  the 
expenses  of  said  board  of  education,  in  accordance  with  the  estimate  thus  approved 
by  the  mayor.  In  case  the  mayor  shall  disapprove  of  any  of  the  items  embraced 
in  the  estimate  so  presented  to  him,  he  shall,  within  five  days  after  its  receipt, 
state  in  detail  his  objections  to  each  item  so  refused  and  the  reason  of  such  objec- 
tion and  refusal  as  to  each  item  and  file  the  same  with  the  clerk  of  the  board  of 
education,  and  the  board  of  education  shall  immediately  publish  such  communica- 
tion. Said  board  shall  then  proceed  to  reconsider  such  estimate,  and  if  it  agrees 
by  a  vote  of  two-thirds  of  the  members  thereof  to  sustain  the  estimate  as  made, 
it  shall  stand  as  if  it  had  been  approved  by  the  mayor,  or  if  said  board  do  not 
agree  to  sustain  the  estimate  as  made,  it  shall  be  so  modified  as  to  conform  to  the 
views  expressed  by  the  mayor  in  his  objection,  and  in  either  event,  shall  be  again 


330  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

certified  by  the  president  and  clerk  of  said  board  to  the  common  council.  And 
the  common  council  of  said  city  shall  include  in  the  annual  tax  and  assessment  roll 
for  that  year,  the  amount  specified  in  said  original  or  amended  item,  and  the  same 
shall  be  collected  by  the  city  chamberlain  who  shall  credit  the  same  to  the  general 
school  fund.      (As  amended  by  L.  1^04,  ch.  319.) 

§  108  After  the  said  board  of  education  shall  have  finally  delivered  to  the 
mayor  and  common  council,  by  filing  with  the  city  clerk  a  certified  copy  of  the 
resolution  finally  determining  the  amount  of  the  money  to  be  raised  as  prescribed 
herein,  the  said  board  of  education  shall  thereupon  be  authorized  to  borrow  upon 
the  credit  of  the  city  of  Plattsburg,  such  money  as  such  board  shall  determine  to 
be  necessary  for  the  support  and  maintenance  of  the  schools  in  anticipation  of 
the  tax  to  be  raised  for  that  purpose  in  the  current  year.  Such  loans  shall  be 
evidenced  by  the  note  of  the  city  of  Plattsburg,  which  shall  be  signed  by  the  presi- 
dent and  clerk  of  said  board,  sealed  with  its  corporate  seal  and  shall  be  condi- 
tioned that  the  city  of  Plattsburg  will  pay  the  principal  named  therein  with  inter- 
est at  a  rate  specified  therein,  not  greater  than  the  legal  rate  of  interest,  and  shall 
mature  and  be  paid  by  the  city  chamberlain  at  the  time  therein  mentioned,  not 
later  than  the  close  of  the  then  fiscal  year.  The  interest  on  said  notes  shall  be 
paid  by  the  city  of  Plattsburg  and  charged  against  any  moneys  due,  or  to  become 
due  to  the  board  of  education  from  any  appropriation  made,  or  to  be  made  to 
said  board.  The  city  clerk  upon  the  request  of  the  board,  shall  countersign  the 
same,  and  affix  the  corporate  seal  of  the  city  thereto,  and  thereupon  the  same  shall 
be  a  binding  obligation  against  the  city.  The  city  chamberlain  shall  keep  a  sepa- 
rate account  of  all  school  moneys  received  by  him,  whether  from  State  authori- 
ties, local  taxation  or  any  other  source,  and  shall  pay  out  the  same  only  upon  war- 
rants signed  by  the  president  and  clerk  of  said  board  of  education.  Such  war- 
rants shall  be  drawn  only  by  the  authority  of  the  board  of  education,  and  only  as 
the  said  money  shall  be  actually  needed  for  disbursement.  The  city  of  Platts- 
burg shall  be  responsible  to  the  board  of  education  for  the  faithful  performance 
by  the  city  chamberlain  of  the  duties  of  the  treasurer  of  the  said  board  of  edu- 
cation.    {As  amended  by  L.  1904,  ch.  Sip.) 

§  109  Whenever  said  board  of  education  shall  have  determined  by  resolution 
an  amount  of  money  to  be  raised  for  new  sites  or  buildings  and  furniture  and  fix- 
tures therefor,  or  for  repairs  or  improvements  to  buildings  or  grounds,  which 
sum  shall  in  any  one  year  exceed  the  sum  of  five  thousand  dollars,  the  said  board 
of  education  shall  present  such  estimate  to  the  mayor  and  common  council  of  the 
city  as  required  for  other  expenditures  by  section  107  herein,  and  the  same  course 
shall  be  followed  with  reference  to  such  proposed  expenditure  in  all  respect  as  is 
provided  for  in  said  section  107.  And  when  the  board  of  education  shall  have 
finally  certified  such  estimate  together  with  their  action  upon  any  objections  which 
the  mayor  may  have  filed  thereto  with  them,  in  accordance  with  the  provisions  of 
section  107,  the  common  council  shall,  by  resolution,  authorize  such  board  of 
education  to  borrow  such  sum  or  such  part  thereof  as  the  common  council  may 


EDUCATION    CODE  331 

determine.  Such  loan  shall  be  evidenced  by  the  bond  or  bonds  of  the  city  of 
Plattsburg  of  such  denominations  as  the  said  common  council  shall  determine, 
which  bonds  shall  be  conditioned  that  the  city  of  Plattsburg  will  pay  the  principal 
named  therein  and  interest  and  shall  bear  interest  not  exceeding  the  legal  rate  per 
annum,  payable  semiannually,  and  be  payable  in  such  sums  in  each  year  as  the 
common  council  shall  determine,  and  shall  be  signed  by  the  mayor  and  city  clerk 
of  Plattsburg,  and  sealed  with  the  corporate  seal  of  said  city,  and  a  record  thereof 
shall  be  kept  in  the  city  clerk's  office.  The  bonds  so  issued,  shall  be  delivered  to 
said  board  of  education  and  shall  not  be  negotiable  until  signed  by  the  president 
and  clerk  of  said  board  and  sealed  with  its  corporate  seal,  and  the  amount  realized 
from  the  sale  thereof  shall  be  paid  to  the  city  chamberlain,  and  the  par  value  of 
said  bonds  shall  be  placed  by  the  city  chamberlain  to  the  credit  of  the  said  board 
of  education,  and  shall  be  drawn  only  on  warrants  of  said  board  of  education,  and 
for  the  purposes  for  which  such  loan  shall  have  been  authorized,  and  for  no  other 
purpose.  The  common  council  of  the  city  of  Plattsburg  shall  annually  raise  by 
tax  and  as  a  part  of  the  school  moneys,  the  amount  of  money  necessary  to  pay  the 
interest  annually  accruing  upon  such  bonds  and  the  principal  falling  due  and  pay- 
able in  each  year.  The  said  board  of  education  shall  certify  annually,  by  and  in 
the  resolution  heretofore  referred  to  in  section  T07,  the  amount  of  money  neces- 
sary to  be  raised  by  tax,  to  pay  interest  on  such  bonds  and  the  principal  of  such 
bonds  falling  due  in  any  ensuing  year.      (As  amended  by  L.  IQ04,  ch.  ^ip.) 

§  1 10  If  at  any  time  after  the  passage  of  the  resolution  provided  in  section 
107,  the  said  board  of  education  shall  determine  that  more  money  is  needed  for 
any  of  the  purposes  mentioned  in  said  section,  the  said  board  may,  by  resolution, 
determine  the  amount  so  needed,  whereupon  the  same  procedure  shall  be  taken 
with  reference  to  such  additional  sum  as  is  provided  by  section  107  herein.  And 
the  provisions  herein  relating  to  the  temporary  loan  of  moneys  in  anticipation  of 
taxes,  shall  apply  to  this  section  with  reference  to  such  additional  amounts,  and 
the  same  provisions  shall  apply  to  the  common  council  of  such  city  with  reference 
to  the  raising  by  tax  of  the  amounts  thus  temporarily  borrowed,  and  the  payment 
of  the  interest  thereof  as  is  contained  in  section  107. 

J^  1 1 1  All  public  moneys  or  funds  belonging  or  appropriated  to  the  use  of  said 
school  district  shall  be  paid  to  the  chamberlain  of  said  city,  who  shall  keep  the 
same  separate  from  the  general  funds  of  the  city,  and  shall  credit  to  the  school 
fund  the  moneys  or  property  belonging  thereto.  The  board  of  education  shall 
disburse  all  the  school  moneys  of  said  district  by  orders  from  the  chamberlain, 
signed  by  the  president ;  said  orders  shall  be  numbered  consecutively,  and  shall 
specify  the  purpose  for  which  they  are  drawn,  and  the  jx^rsons  to  whom  payable. 
Upon  request  from  said  board,  the  chamberlain  shall  certify  from  time  to  time 
the  balance  remaining,  to  be  collected  by  or  paid  to  the  city  chamberlain  for  school 
purposes;  it  shall  not  be  lawful  for  such  chamberlain  to  apply  such  moneys  or  any 
part  thereof  to  any  other  purpose  or  object. 

S   112  The  said  board  of  education  shall,  from  time  to  time,  as  it  shall  deem 


7i;^2  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

expedient  or  necessary,  make  provisions  in  accordance  with  the  provisions  of  this 
chapter  for  additions,  alterations  or  improvements  to  or  in  the  sites  or  structures 
belonging  to  said  district,  purchase  other  sites  or  structures,  erect  new  buildings, 
purchase  apparatus  and  fixtures,  or  other  necessary  property  for  the  district,  as 
It  shall  determine.  But  no  resolution  for  the  purchase  of  new  sites  or  the  erec- 
tion of  new  buildings  shall  be  effective,  unless  it  shall  receive  the  affirmative  vote 
of  two-thirds  of  the  members  of  said  board  of  education.  Said  board  of  educa- 
tion shall  provide  accommodations  and  facilities  for  the  proper  instruction  of  all 
the  children  of  school  age  residing  in  such  city,  and  shall  provide  suitable  text- 
books for  indigent  pupils,  and  in  their  discretion,  may  embrace  in  their  estimate 
submitted  to  the  mayor  and  common  council,  suitable  provision  for  providing  all 
pupils  with  textbooks  to  be  used  in  said  schools,  under  such  rules  and  regulations 
as  they  shall  prescribe,  and  they  have  entire  and  exclusive  charge  and  control  of 
the  public  schools  of  the  city  of  Plattsburg,  subject  to  the  powers  of  supervision 
and  direction  vested  in  the  State  Superintendent  of  Public  Instruction,  and  sub- 
ject to  the  visitation  of  the  Regents  of  the  University  and  their  regulations  as  to 
the  course  of  education  and  matters  pertaining  therein  in  the  academic  depart- 
ment of  the  schools  maintained  by  them.  Said  board  may  make  all  necessar\^ 
by-laws  for  its  own  government,  except  as  herein  otherwise  provided,  and  said 
board  of  education  shall  be  subject  to  the  laws  relating  to  union  free  schools,  and 
the  general  statutes  of  the  State  relating  to  schools,  except  as  modified  by  this 
chapter.  The  board  of  education  shall  be  entitled  to  its  proportion  of  the  State 
moneys  for  the  public  schools  of  said  city  of  Plattsburg,  which  shall  be  appor- 
tioned by  the  State  Superintendent  in  accordance  with  the  general  provisions  of 
law.  It  shall  have  charge  of  the  school  libraries  and  make  all  necessary  and 
proper  regulations  concerning  the  same,  and  may  impose  fine  for  abuse  of  books, 
and  may  adopt  such  ordinances  and  by-laws  as  they  shall  deem  necessary  for  the 
protection,  safekeeping,  care  and  preservation  of  the  school  building  and  other 
school  property  of  said  district  under  their  charge,  and  impose  such  penalties  for 
the  violation  of  the  same  as  it  shall  deem  proper.  Any  person  incurring  fines 
shall  be  liable  to  an  action  for  the  same  by  the  board  of  education,  and  the  amount 
received  shall  be  deposited  with  the  city  chamberlain,  and  available  for  the  general 
expenses  of  the  board  of  education  in  connection  with  said  schools.  And  it  may 
appropriate  for  the  benefit  of  said  libraries  out  of  moneys  annually  raised  in  the 
said  city,  by  the  school  tax,  an  amount  not  exceeding  two  hundred  dollars,  in 
addition  to  the  library  money  received  from  the  State.  It  sliall  have  the  power  to 
appoint  librarians  and  provide  truant  officers  for  the  enforcement  of  the  compul- 
sory education  law. 

§  113  The  said  board  of  education  shall  have  a  corporate  seal  with  such 
design  as  it  may  adopt.  The  services  of  the  board  of  education  designated  by 
this  act  shall  be  gratuitous  except  of  the  clerk  as  herein  provided.  (As  amended 
by  L.  1904,  ch.  3 1  p.) 


EDUCATION    CODE  333 

Chapter  332,  Laws  of  1828 
An  act  to  incorporate  the  Plattsburg  Academy 

Section  i  Benjamin  Mooers,  John  Lynde.  Wilham  Swetland,  Jonathan 
Griffin.  Frederick  Halsey,  Frederick  L.  C.  Sailly.  Heman  Cady,  Fphraim  Buck, 
WilHam  F.  Haille.  George  Marsh.  John  Palmer,  Henry  K.  Averill.  are  hereby 
constituted  a  body  corporate  and  poHtic,  by  the  name  of  the  trustees  of  the 
Plattsburg  Academy,  for  the  purpose  of  promoting  Hterary  instruction  at  Platts- 
burg. in  the  county  of  CHnton,  and  by  that  name  they  and  their  successors  shall 
have  perpetual  succession,  may  sue  and  be  sued,  make  and  use  a  common  seal, 
and  alter  the  same  at  pleasure,  hold  property,  real  and  personal,  to  the  amount 
of  the  annual  income  of  three  thousand  dollars,  and  buy  and  sell,  and  otherwise 
dispose  of  such  property,  real  and  personal. 

S  2  \\'henever  any  three  of  said  trustees  shall  signify  their  request,  the 
senior  trustee  actually  exercising  his  office  shall  call  a  meeting  of  the  said 
trustees,  at  such  time  and  place  as  he  shall  appoint,  of  which  previous  notice 
shall  be  given  by  posting  the  same  on  the  door  of  the  academy,  not  less  than 
eight,  nor  more  than  twelve  days  from  the  time  of  making  such  request. 

§  3  At  every  such  meeting,  the  senior  trustee  present  shall  preside ;  such 
seniority  to  be  determined  by  their  nomination  in  this  act,  or  by  their  priority 
of  election,  after  all  the  trustees  herein  named  shall  have  become  extinct. 

§  4  A  major  part  of  the  trustees  of  said  academy  shall  form  a  quorum  to 
do  business,  and  adjourn  from  time  to  time  as  the  duties  of  their  trust  may 
require ;  and  it  shall  not  be  necessary  to  give  notice  of  a  meeting  held  in  pur- 
suance of  such  adjournment. 

§  5  The  said  trustees,  or  a  major  part  of  them,  when  assembled  as  aforesaid, 
may  from  time  to  time  appoint  a  treasurer  and  clerk,  principal,  tutors  and  other 
necessary  officers,  and  may  ascertain  their  compensation,  and  may  remove  them 
at  pleasure. 

ij  6  It  shall  be  lawful  for  the  said  trustees  to  make  such  by-laws  for  the 
government  of  the  said  corporation,  for  the  admission,  education  and  discipline 
of  the  students,  and  for  the  establishment  of  terms  of  tuition,  the  management 
and  disposal  of  the  property  and  aft'airs  of  the  said  corporation,  and  may  alter, 
amend  or  repeal  the  same,  as  a  major  part  of  such  quorum  shall  determine  to 
be  most  beneficial. 

;^  7  Whenever  any  vacancy  shall  happen  in  said  corporation,  by  the  death, 
resignation,  refusal  or  neglect  to  act  for  one  year,  of  any  one  trustee,  it  shall 
be  lawful  for  the  residue  of  the  said  trustees  to  elect,  by  ballot,  at  any  legal 
meeting,  a  person  to  supply  such  vacancy. 

§  8  The  said  trustees,  or  a  major  part  of  them,  when  legally  assembled,  may 
elect,  by  a  majority  of  votes,  one  of  their  number  president  for  one  year,  and 
until  another  shall  be  elected ;  which  president  may  perform  the  duties  required 
by  this  act  to  be  performed  by  the  senior  trustee. 


334  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Chapter  8io.  Laws  of  1867 
An  act  to  consolidate  school  districts  numbers  i,  2  and  5  of  the  town  of  Platts- 

burg,  in  a  free  union  single  district,  and  to  vest  the  government  thereof 

and  of  the  academy  therein  in  a  board  of  education 
(Note.     All   of   this  act.   except   section  j,   zvas  expressly   repealed   by   the 
charter  of  1902.) 

Section  3  Whenever  the  existing  trustees  of  the  academy  of  Plattsburg  shall 
signify  their  assent  thereto,  it  shall  be  the  duty  of  the  said  board  of  education 
forthwith  to  establish  an  academical  department  of  the  said  union  free  school 
district  in  the  said  academy ;  but  nothing  in  this  act  contained  shall  be  deemed 
or  held  to  affect  or  impair  the  separate  corporate  existence  and  continuance  of 
the  said  academy,  or  any  rights  or  privileges  appertaining  to  it  as  such,  except 
as  herein  expressly  provided ;  and  the  said  board  of  education  shall  succeed  to, 
have,  possess  and  execute  all  the  duties  and  powers  had,  or  possessed  by,  or 
incumbent  upon  the  board  of  trustees  of  the  said  academy  to  do  or  perform, 
touching  the  said  academy  as  a  corporate  body,  the  real  and  personal  estate 
thereof,  its  fiscal  concerns,  and  the  duties  required  to  be  performed  by  the  rules 
and  regulations  of  the  Regents  of  the  University,  and  to  which  said  academy 
shall  remain  subject  in  its  course  of  education,  and  all  matters  pertaining  thereto. 
And  the  said  board  of  education  shall  become  on  the  organization  thereof,  the 
acting  trustees  of  the  said  academy,  charged  with  all  the  duties  and  powers 
of  the  former  trustees  (except  as  herein  provided),  and  all  the  powers  and 
duties  conferred  by  this  act,  and  the  said  title  9  of  the  act  of  1864,  as  modified 
by  this  act ;  and  to  enable  said  board  fully  to  execute  said  trust,  the  legal  title 
to  the  academy  lot,  the  structures  thereon,  and  to  all  the  personal  property 
belonging  to  the  said  academy  as  a  corporation,  and  the  care  and  custody  of  all 
the  existing  records  and  papers  of  the  said  board  of  trustees  of  the  academy  shall 
pass  and  vest  in  the  said  board  of  education  on  the  organization  thereof,  in 
trust  as  aforesaid.  The  president,  secretary,  treasurer,  collector,  and  other 
officers  of  the  board  of  education,  shall  hold  the  same  positions  respectively  in 
the  board  of  acting  trustees  of  the  academy,  and  a  separate  record  shall  be  kept 
of  all  matters  relating  to  the  separate  existence  of  said  academy. 


PORT  JERVIS* 

The  city  of  Port  Jervis  is  included  in  union  free  school  district  no.  I,  town 
of  Deerpark,  but  the  boundaries  of  the  city  and  of  such  district  are  not 
coterminous. 

Chapter  579  of  the  Laws  of  1866  extends  the  boundaries  of  this  district  by 
including  all  that  part  of  school  district  9  which  lies  within  the  corporate  limits 
of  the  village  of  Port  Jervis,  and  also  provides  for  taxes,  bonds  etc.,  to  purchase 
sites  and  to  build  or  purchase  schoolhouses. 

Chapter  573  of  the  Laws  of  1867  amends  the  boundaries  of  this  district  and 
authorizes  the  district  to  raise  money  to  purchase  sites  and  to  build  or  purchase 
schoolhouses. 

Chapter  524  of  the  Laws  of  1880  authorizes  the  board  of  education  of  this 
district  to  employ  a  superintendent  of  schools  and  the  act  further  confers  upon 
the  district  the  powers  and  privileges  conferred  upon  cities  and  incorporated 
villages  under  the  general  provisions  of  consolidated  acts  relating  to  public 
instruction. 

Chapter  61  of  the  Laws  of  1884  authorizes  this  district  to  take  proceedings 
for  the  removal  of  St  John's  burying  ground  and  to  acquire  the  title  to  said 
burying  ground  for  the  enlargement  of  the  schoolhouse  site. 


*  The  provisions  of  the  Education  Law  apply  to  this  city. 


h.rsl 


POUGHKEEPSIE 

Chapter  425,  Laws  of  1896 
An  act  to  amend  the  charter  of  the  city  of  Poughkeepsie 

TITLE    IX 

OF  SCHOOLS  AND  BOARD  OF  EDUCATION 
Section  161  The  board  of  education  shall  consist  of  seven  members  who 
shall  be  styled  commissioners  of  schools.  Upon  the  expiration  of  the  terms  of 
office  of  the  commissioners  now  appointed,  and  annually  thereafter,  the  mayor 
shall  appoint  one  commissioner  of  schools  for  the  term  of  seven  years.  {As 
amended  by  L.  ipoo,  ch.  65Q;  L.  IQOI,  ch.  204;  L.  ipio,  ch.  632.) 

^  162  The  commissioners  of  schools  shall  meet  at  the  board  rooms  on  each 
1st  day  of  January,  unless  it  be  Sunday,  and  then  on  the  next  day,  and  organize 
by  electing  one  of  their  number  president.  If  a  president  of  the  board  shall 
not  be  elected  on  or  before  the  5th  day  of  January  thereafter,  the  mayor  shall 
designate  one  of  the  commissioners  as  the  president  of  the  board  until  the  next 
organization  thereof.  The  president  of  said  board  shall  receive  an  annual  salary 
of  one  hundred  dollars.  {As  amended  by  L.  ipoo,  ch.  6jp;  L.  ipoi,  ch.  204: 
L.  igio,  ch.  6^2.) 

§  163  The  board  of  education  shall  have  charge  and  control  of  the  public 
schools  and  public  school  property  of  the  city,  and  shall  have  power: 

1  To  appoint  a  superintendent  of  public  schools,  a  secretary  of  the  board  and 
such  other  officers  and  employees  as  it  shall  deem  necessary,  and  shall  prescribe 
their  duties,  except  as  hereinafter  provided. 

2  To  fix  the  salary  and  compensation  of  each  of  said  officers  and  employees, 
except  as  otherwise  herein  provided. 

3  To  acquire  property  for  school  purposes;  to  erect  school  buildings  and 
keep  the  same  in  repair. 

4  To  furnish  supplies  for  school  purposes. 

5  To  employ  teachers  and  to  fix  the  amount  of  their  compensation.  No 
teacher  shall  be  employed  who  does  not  hold  the  certificate  of  qualification 
required  by  the  laws  of  the  State. 

6  To  prescribe  the  studies  in  the  schools  and  the  textbooks  to  be  used  therein. 

7  To  dismiss  any  teacher  whenever  from  any  cause  the  interests  of  the  schools 
require  such  dismissal. 

8  To  make  rules  and  regulations  for  the  public  schools. 

9  Except  as  otherwise  provided  in  this  act,  to  exercise  all  powers  conferred 
by  the  laws  of  the  State  boards  of  education  in  union  free  school  districts.  {As 
amended  by  L.  i8q8,  ch.  232;  L.  ipoo,  ch.  6§g;  L.  ipoi,  ch.  204;  L.  igio,  ch. 
63-'.) 

^   164  The  president  of  such  board  shall,  between  the  ist  and  15th  days  of 


EDUCATION    CODE  337 

October,  make  to  the  Superintendent  of  Public  Instruction  a  report  of  the 
preceding  school  year  of  all  matters  and  things  which  trustees  of  school  districts 
are  by  law  required  to  report,  and  of  all  such  other  matters  and  things  as  the 
said  Superintendent  shall  from  time  to  time  require. 

§  165  The  board  of  education  shall  make  a  report  to  the  common  council  on 
the  31st  day  of  December  of  each  year,  setting  forth  the  number  and  condition 
of  each  school  under  its  charge,  and  containing  an  account  of  all  warrants  issued 
by  it  and  of  all  debts  unpaid,  and  the  objects  for  which  they  were  incurred. 
The  report  to  specify  the  cost  of  mainfaining  each  school,  and  such  other  mat- 
ters as  the  board  may  wish  to  submit  or  the  council  require.  {As  amended  by 
L.  igio,  ch.  6j2.) 

§   166   (Repealed  by  L.  1910,  ch.  632.) 

§  167  When  the  board  of  education  has  included  in  its  annual  estimate,  and 
certified  to  the  common  council  an  amount  of  money  which  will  be  needed  for 
the  purchase  or  condemnation  of  a  lot,  or  the  purchase  or  erection  of  a  building 
for  school  purposes,  the  common  council  may  approve  the  same,  and  include 
it  in  the  amount  to  be  raised  by  general  taxation,  as  provided  in  section  66  of 
this  act,  or  it  may  submit  the  question  of  the  purchase  of  a  lot  or  the  purchase 
or  erection  of  a  building,  or  both,  to  the  electors,  being  taxpayers,  entitled  to 
vote  special  taxes  under  this  act  at  an  election  to  be  held  in  the  manner  provided 
by  this  act  in  voting  special  taxes.  The  said  electors  shall  vote  by  ballot  on 
which  shall  be  written  or  printed  the  object  for  which  the  ballot  is  cast  whether 
for  or  against  a  building  or  lot,  or  both.  If  a  majority  of  the  votes  cast  shall 
be  cast  for  a  building  or  lot,  or  both,  it  shall  be  the  duty  of  the  common  council 
to  certify  to  the  board  the  result  of  such  election  and  the  board  shall  purchase 
a  lot,  or  purchase  or  erect  a  building,  or  both,  in  such  location  and  in  such 
manner  as  to  the  board  shall  seem  best.  Whenever  a  lot  shall  be  acquired  by 
purchase,  condemnation  or  otherwise,  or  a  building  shall  be  purchased  or  erected 
the  title  to  such  lot  shall  be  taken  to,  and  shall  vest  in  the  city.  The  cost  of  build- 
ing shall  in  no  case  exceed  the  amount  estimated  by  the  board.  {As  amended  by 
L.  ipoo,  ch.  6j9;  L.  1901,  ch.  204;  L.  1910,  ch.  6^2.) 

§  168  and  169  (Repealed  by  L.  1910,  ch.  632.) 

TITLE    V 

OF  ASSESSMENTS  AND  TAXES 
Section  66  On  or  before  the  ist  day  of  October  in  each  year,  the  board  of 
public  works,  the  board  of  education,  the  board  of  commissioners  of  charities, 
the  police  board,  the  board  of  health,  and  the  board  of  trustees  of  the  city 
librar}^  shall  each  estimate  and  certify  to  the  common  council  the  amount  of 
money  required  for  the  expenses  of  its  department  for  the  next  year,  stating 
in  detail  as  far  as  practicable,  the  purposes  for  which  the  money  is  required. 
The  common  council  shall  prepare  a  like  estimate  of  all  other  moneys  to  be 
raised  as  herein  specified,  and  of  all  the  estimated  income  on  account  thereof, 
and  shall  cause  such  estimates  to  be  jmblished  in  one  or  more  daily  newspapers 


33^:5  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

published  in  said  city,  one  week  before  action  shall  be  taken  thereon  by  the 
said  council.  The  council  shall  revise  such  estimates  and  shall  cause  the 
amounts  thereof,  or  so  much  thereof  as  it  shall  deem  necessary,  to  be  raised 
by  general  tax.      {As  amended  by  L.  igoo,  ch.  <55p.) 

Section  14  provides  that  the  mayor  shall  appoint  a  board  of  education  of 
seven  members  and  may  remove  such  members.  Under  the  terms  of  section  6 
such  members  must  take  the  oath  of  office  prescribed  by  the  constitution. 

TITLE    XI 
OF  THE  CITY  LIBRARY 

Section  184  The  mayor  shall  annually  appoint  one  trustee  of  the  city  library 
for  the  term  of  five  years.  (As  added  by  L.  ipoo,  ch.  6^g,  and  amended  by  L. 
1901,  ch.  204;  L.  iQJO,  ch.  6j2.) 

§  185  The  trustees  shall  meet  at  the  Adriance  Memorial  Library  on  the  ist 
day  of  January,  unless  it  be  Sunday,  and  then  on  the  next  day,  and  organize 
by  electing  one  of  their  number  president. 

The  president  of  the  board  shall  receive  an  annual  salary  of  one  hundred 
dollars.  (As  added  by  L.  igoo,  ch.  6jp,  and  amended  by  L.  igoi,  ch.  204; 
L.  igio,  ch.  6j2.) 

§  1 86  The  said  board  of  trustees  of  the  city  library  shall  have  the  charge  and 
control  of  the  public  library  of  the  city,  and  shall  have  power: 

1  To  appoint  a  librarian  who  shall  also  act  as  secretary  of  the  board,  and 
such  other  officers  and  employees  as  it  shall  deem  necessary,  and  shall  prescribe 
their  respective  duties. 

2  To  fix  the  salary  and  compensation  of  said  officers  and  employees  and  pay 
the  same  from  the  public  funds  under  its  charge. 

3  To  remove  any  officer  or  agent  appointed  or  employed  by  it  at  pleasure. 

4  To  appropriate  for  the  purchase  of  books  and  periodicals  for  the  benefit 
of  said  library,  out  of  the  moneys  annually  raised,  an  amount  which  it  shall 
deem  proper. 

5  To  make  all  needful  rules  and  regulations,  and  do  all  things,  subject  to  the 
provisions  of  this  act,  requisite  for  the  care,  maintenance  and  protection  of  the 
public  library  of  the  city. 

6  To  make  regulations,  imposing  fines  and  penalties  for  the  abuse  of  books 
belonging  to  said  library,  and  any  person  incurring  any  such  fine  or  penalty 
shall  be  liable  to  an  action  for  the  same,  and  the  amount  received  shall  be 
applied  to  the  use  of  the  library. 

7  In  addition  to  the  foregoing  powers,  the  usual  powers  of  a  corporation  for 
public  purposes  are  hereby  conferred  upon  the  said  board  of  trustees  of  the 
city  library,  to  take,  accept  and  execute  any  trust  or  power  for  the  benefit  of 
said  city  library  that  may  be  conferred  upon,  intrusted  or  committed  to  it  by 
any  person  or  persons  by  grant,  transfer,  bequest,  gift  or  otherwise,  and  to 
receive,  take  and  hold  any  property  which  may  be  the  subject  of  any  such 
trust.      (As  added  by  L.  igoo,  ch.  6^g,  and  amended  by  L.  igo2,  ch.  228.) 

§   187  and    188   (Repealed  by  T..   1910,  ch.  632.) 


EDUCATION    CODE  339 

Chapter  227,  Laws  of  1902 
An  act  relative  to  a  public  school  teachers  retirement  fund  in  the  city  of 

Poughkeepsie 
Section  i  The  board  of  education  of  the  city  of  Poughkeepsie  is  hereby  given 
ihe  general  care  and  management  of  the  public  school  teachers  retirement  fund 
created  by  this  act.  The  city  treasurer  of  the  city  of  Poughkeepsie  shall  hold  all 
moneys  belonging  to  said  fund,  and  by  the  direction  of  the  board  of  education 
shall  invest  and  pay  out  the  same.  The  board  of  education  shall  have  charge  of 
and  administer  said  public  school  teachers  retirement  fund  as  it  shall  deem  most 
beneficial,  and  is  empowered  to  make  all  necessary  contracts  and  take  all  neces- 
sary and  proper  action  and  proceedings  in  the  premises  and  to  make  payments 
from  said  fund  of  annuities  granted  in  pursuance  of  this  act;  and  shall  from  time 
to  time  establish  such  rules  and  regulations  for  the  administration  of  such  fund 
as  it  shall  deem  best.  The  city  treasurer  of  the  city  of  Poughkeepsie  shall  report 
in  detail  to  the  common  council  of  the  city  of  Poughkeepsie  annually  at  its  last 
meeting  in  each  year,  the  condition  of  said  fund,  and  the  items  of  the  receipts  and 
disbursements  on  account  of  the  same.  The  public  school  teachers  retirement 
fund  herein  provided  for  shall  consist  of  the  following  with  the  interest  and 
income  thereof : 

1  All  money,  pay,  compensation  or  salary,  or  any  part  thereof  forfeited,  de- 
ducted or  withheld  for  or  on  account  of  absence  from  duty  for  any  cause.  The 
clerk  of  the  board  of  education  shall  certify  monthly  to  the  said  city  treasurer  the 
amounts  so  deducted  from  the  salaries  of  teachers  during  the  preceding  month. 

2  All  moneys  received  from  donations,  legacies,  gifts,  bequests  or  otherwise  for 
and  on  account  of  said  fund. 

3  The  board  of  education  shall  on  and  after  January  i,  1903,  reserve  monthly 
and  turn  over  to  said  fund  two  per  centum  of  the  salaries  paid  each  month  to  the 
teachers  who  shall,  prior  to  that  date  elect  in  writing  to  come  under  the  pro- 
visions of  this  act ;  and  the  board  of  education  shall  also  reserve  monthly  and 
turn  into  said  fund  two  per  centum  of  the  salaries  paid  each  month  to  all  teachers 
appointed  after  January  i,  1903. 

4  The  common  council  of  the  city  of  Poughkeepsie  is  hereby  empowered  and 
authorized  to  raise  by  general  tax  in  the  manner  and  at  the  time  provided  for  in 
section  66  of  chapter  659  of  the  Laws  of  1900,  an  annual  sum  not  exceeding 
twelve  hundred  dollars  per  annum,  which  shall  be  turned  into  said  fund. 

5  All  such  other  methods  of  increasement  as  may  be  duly  and  legally  devised 
for  the  increase  of  said  fund. 

6  The  board  of  education  may  retire  from  active  service,  any  teacher  now 
in  its  employ,  who  has  elected  to  come  under  the  provisions  of  this  act ;  or  who 
shall  be  appointed  on  or  after  January   i,   1903,  who  has  taught  not  less  than 


1  The  teachers  of  this  city  have  abandoned  the  local  retirement  act  and  have  come  under 
the  general  law  relating  to  the  retirement  of  teachers  pursuant  to  section  iiog-i?  of  the 
Education  Law.  The  act  has  not  been  specilically  repealed  but  by  the  action  of  the 
teachers  of  this  city  it  has  been  superseded  by  the  general  law. 


340  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

twenty-five  years,  of  which  twenty  immediately  preceding  the  proposed  retire- 
ment shall  have  been  in  the  public  schools  of  the  city  of  Poughkeepsie.  Each  and 
every  teacher  retired  under  the  foregoing  clause,  shall  receive  during  life,  an 
annual  allowance  of  three  hundred  dollars,  to  be  paid  in  equal  quarterly  instal- 
ments ;  whenever  the  amount  in  the  retirement  fund  herein  provided  for  shall 
not  be  sufficient  in  any  year  to  pay  the  allowances  heretofore  specified,  payments 
shall  be  made  in  due  proportion  to  the  amount  in  the  retirement  fund  applicable  to 
that  purpose.  The  board  of  education  is  hereby  given  the  power  to  use  both  the 
principal  and  income  on  said  fund  and  to  manage,  accumulate  and  control  the 
same  as  said  board  shall  provide  by  its  by-laws. 

§  2  In  case  any  teacher  who  is  at  the  time  of  the  passage  of  this  act,  or  may 
hereafter  be  in  the  employ  of  the  board  of  education  shall  be  removed  or  dis- 
charged as  such,  all  percentages  from  his  or  her  salary  paid  into  said  public  school 
teachers  retirement  fund,  shall  be  reimbursed  to  him  or  her. 


I 


RENSSELAER 

Chapter  69,  Laws  of  1915 

TITLE    XIII 

DEPARTMENT  OF  PUBLIC  INSTRUCTION 
Section  2-9  Department  of  public  instruction 

280  Meetings  of  board  and  appointment  of  president  and  clerk  of  said  board 

281  Powers  and  duties  of  board  of  education 

282  Purchases  and  repairs  exceeding  five  hundred  dollars 

283  Superintendent  of  schools 

284  Powers  and  duties  of  superintendent  of  schools 

285  Appointment  of  teachers 

286  New  sites  and  new  buildings 

287  School  budget 

288  Preparation,  revision  and  approval  of  budget  '    ' 

289  School  funds 

290  Members  of  board  of  education  to  constitute  library  commission 

291  Powers  and  duties  of  the  library  commission 

§  279  Department  of  public  instruction,  i  A  department  of  public  in- 
struction in  the  city  of  Rensselaer  is  hereby  established.  The  affairs  of  said 
department  shall  be  under  the  general  management  and  control  of  a  board  of 
education  composed  of  five  members,  to  be  called  "  members  of  the  board  of 
education  "  and  to  be  appointed  as  herein  provided. 

2  No  person  shall  be  eligible  to  the  office  of  member  of  the  board  of  education 
who  has  not  been  a  resident  of  the  city  for  which  he  is  appointed,  for  a  period 
of  at  least  five  years  immediately  preceding  the  date  of  his  appointment. 

3  Within  ten  days  after  the  passage  of  this  act,  the  mayor  of  the  city  shall 
appoint  five  members  of  the  board  of  education,  as  follows:  two  to  serve  until 
February  i,  1916;  two  to  serve  until  February  i,  1917.  and  one  to  serve  until 
February  i,  19 18.  Upon  the  appointment  of  such  members,  the  terms  of  office 
of  the  present  commissioners  of  education  of  the  city,  having  control  and  manage- 
ment of  the  schools  of  said  city,  shall  cease  and  determine. 

4  Thereafter  and  after  the  ist  day  of  January,  and  before  the  ist  day  of 
February  in  each  year  preceding  the  expiration  of  a  term  of  office  by  a  member 
of  the  board  of  education,  the  mayor  shall  appoint  a  successor  to  hold  office  for 
a  term  of  three  years  from  and  including  the  ist  day  of  February  in  the  year 
in  which  he  is  appointed. 

5  If  a  vacancy  occurs  in  the  office  of  a  member  of  the  board  of  education,  the 
mayor  shall  fill  such  vacancy  by  the  appointment  of  a  member  for  the  remainder 
of  such  term. 

6  Such  members  of  the  board  of  education  shall  serve  without  pay. 

§  280  Meetings  of  board  and  appointment  of  president  and  clerk  of  said 

[3411 


34-  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

board,  i  Upon  the  appointment  of  such  members  of  the  board  of  education, 
the  superintendent  of  schools  shall  call  a  meeting  of  the  board  to  be  held  at  the 
rooms  usually  occupied  by  the  commissioners  of  education,  by  giving  at  least 
three  days  written  notice  to  each  member  thereof  and  stating  the  hour  at  which 
the  meeting  will  be  held.  At  such  meeting  of  the  board  it  shall  elect  one  of  its 
members  president  who  shall  exercise  all  the  powers  usually  incident  to  such 
office.  The  superintendent  of  schools  shall  be  secretary  of  such  board  and  the 
board  shall  determine  his  duties,  but  he  shall  receive  no  additional  compensation 
for  his  services  in  acting  as  clerk  of  said  board. 

2  Such  board  shall  also  fix  a  time  for  holding  regular  board  meetings  and 
shall  prescribe  a  method  for  calling  special  meetings  of  such  board. 

,^  281  Powers  and  duties  of  board  of  education.  The  board  of  education 
shall  possess  the   following  powers  and  be  charged   with  the   following  duties. 

1  To  perform  any  duty  imposed  upon  boards  of  education  or  trustees  of 
common  schools  under  the  Education  Law  or  other  general  statutes  or  the  regu- 
lations of  The  University  of  the  .State  of  New  York  or  the  Commissioner  of 
Education,  relating  to  public  education,  so  far  as  they  may  be  applicable  to  the 
schools  of  the  city  of  such  classes  and  not  inconsistent  with  the  provisions  of 
this  act. 

2  To  appoint  a  qualified  person  other  than  a  member  thereof,  superintendent 
of  schools,  and  determine  the  salary  of  such  superintendent. 

3  To  appoint  from  time  to  time  as  rec|uired  by  law,  such  teachers,  nurses, 
attendants,  officers,  janitors  and  such  other  experts  in  educational  work  and 
such  other  employees  as  such  board  shall  determine  necessary  for  the  efficient 
management  of  the  schools,  and  to  fix  their  compensation. 

4  To  have  the  care,  custody  and  safe-keeping  of  all  school  property,  real  and 
personal,  except  as  herein  provided  and  to  prescribe  rules  and  regulations  for 
the  preservation  and  protection  of  such  property. 

5  To  provide  such  school  apparatus,  maps,  globes,  furniture  and  other  equip- 
ment as  may  be  necessary  for  the  proper  and  efficient  management  of  such  schools 
and  also  to  provide  free  textbooks  and  other  supplies  to  all  children  attending 
the  schools  of  said  city. 

6  To  provide  such  free  elementary  schools,  high  schools,  night  schools,  open 
air  schools,  vocational  and  industrial  schools,  part-time  and  continuation  schools, 
vacation  schools,  schools  for  mentally  and  physically  defective  children  and 
schools  for  adults,  as  such  board  shall  determine  necessary. 

7  To  provide  school  libraries  which  shall  be  open  to  the  public  and  to  establish 
and  equip  playgrounds,  athletic  centers,  social  centers,  lecture  courses,  and  reading 
and  recreation  rooms,  whenever  financial  provision  shall  be  provided  therefor  by 
the  common  council. 

8  To  determine  the  general  course  of  study  which  shall  be  given  to  the  schools 
and  to  approve  the  context  of  such  courses  before  they  become  operative. 

9  To  determine  the  textbooks  to  be  used  in  the  schools  upon  the  recommenda- 
tion of  the  superintendent  of  schools. 


EDUCATION    CODE  343 

10  To  prescribe  such  regulations  as  may  be  necessary  for  the  conducting  of 
the  proceedings  of  such  board,  and  for  the  general  management,  control  and 
discipline  of  the  schools. 

11  To  make  ordinary  repairs  and  to  purchase  supplies  or  materials  for  the 
school  system,  where  no  single  item  exceeds  five  hundred  dollars,  and  the  pro- 
visions of  section  75  of  this  act  shall  not  apply  to  the  making  of  such  repairs  or 
the  purchase  of  such  supplies  or  materials,  and  the  same  may  be  purchased 
without  public  advertising  therefor. 

§  282  Purchases  and  repairs  exceeding  five  hundred  dollars.  All  repairs  to 
buildings  and  grounds  and  supplies  or  materials  purchased  for  the  school  system, 
the  purchase  price  or  cost  thereof  which  exceeds  five  hundred  dollars,  shall  be 
made  by  the  common  council  on  the  recommendation  and  approval  of  the  board  of 
education. 

sj  283  Superintendent  of  schools,  i  No  person  shall  be  eligible  to  the  posi- 
tion of  superintendent  of  schools  who  has  not  had  at  least  five  years'  successful 
experience  in  teaching  or  in  the  supervision  of  schools. 

2  The  superintendent  of  schools  shall  hold  office  for  a  period  commencing 
from  the  date  of  his  appointment  and  continuing  until  the  expiration  of  three 
years  following  the  ist  day  of  July  following  his  appointment.  Charges  of 
incompetency,  maladministration  or  misconduct  in  office  may  be  preferred  in 
writing  against  the  superintendent,  whereupon  the  board  shall  proceed  to  hear 
such  charges  and  if  such  charges  are  sustained  by  an  affirmative  vote  of  a 
majority  of  the  board,  the  superintendent  may  be  dismissed   from  office. 

>;  284  Powers  and  duties  of  superintendent  of  schools.  The  superintendent 
of  schools  shall  possess  the  following  powers  and  be  charged  with  the  following 
duties : 

1  To  enforce  all  provisions  of  law  and  rules  and  regulations  affecting  the 
management  of  the  schools  and  to  be  the  chief  executive  officer  of  the  school 
system. 

2  To  prepare  an  outline  and  the  scope  of  the  work  to  be  included  therein, 
for  each  of  the  courses  of  study  authorized  by  the  board  of  education,  and  to 
submit  the  same  to  such  board  for  its  approval,  and  when  thus  approved  to  see 
that  such  courses  of  study  are  used  in  the  grades  and  schools  for  which  they 
are  authorized. 

3  To  recommend  to  the  board  of  education  suitable  textbooks  to  be  used  in 
the  various  grades  and  subjects  taught  in  the  curriculums  of  the  schools. 

4  To  transfer  teachers  from  one  school  to  another  or  from  one  grade  to 
another. 

5  To  have  general  supervision  over  all  the  teachers  employed  in  the  schools, 
and  over  all  employees  of  the  board  of  education,  and  to  report  to  said  board 
violations  of  regulations  and  all  cases  of  insubordination  and  to  suspend  a  teacher 
or  other  employee  until  the  next  regular  meeting  of  the  board  when  all  facts 
relating  to  the  case  shall  be  submitted  to  the  board  for  determination,  and  in 
such  cases  the  accused  party  shall  have  the  right  to  appear  before  the  board. 


344  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YOKK 

6  To  have  general  supervision  and  direction  over  the  enforcement  and  obser- 
vation of  the  courses  of  study  and  the  examination  and  promotion  of  pupils. 

7  To  have  general  supervision  and  direction  over  the  work  of  special  experts 
employed  in  the  school  system,  and  over  matters  pertaining  to  playgrounds, 
medical  inspection,  athletic  and  social  center  work,  libraries  and  all  the  educa- 
tional activities  under  the  management  of  the  board  of  education. 

§  285  Appointment  of  teachers,  i  The  principal  of  each  school,  directors, 
supervisors,  and  other  educational  experts,  shall  be  appointed  by  the  board  of 
education  upon  the  recommendation  of  the  superintendent  of  schools  and  sliall 
hold  their  position  during  good  behavior,  and  shall  be  removed  for  cause  only 
after  a  hearing  by  the  affirmative  vote  of  at  least  a  majority  of  the  board. 

2  All  other  teachers  shall  be  appointed  on  the  recommendation  of  the  super- 
intendent of  schools  for  the  probationary  period  of  not  to  exceed  two  years ;  at 
the  expiration  of  such  term  the  superintendent  of  schools  shall  make  a  written 
report  to  the  board  of  education  recommending  for  regular  appointment  those 
teachers  whom  he  has  found  competent  and  efficient.  The  board  of  education 
may  thereupon  appoint  to  the  teaching  force  of  the  city,  those  teachers  for  whom 
satisfactory  reports  are  submitted  by  the  superintendent  of  schools.  Thereafter 
such  teachers  shall  hold  their  position  during  good  behavior,  and  shall  be  removed 
for  cause  only  after  a  hearing  by  affirmative  vote  by  a  majority  of  the  board. 

3  No  teacher  shall  be  appointed  to  the  teaching  force  of  the  city,  who  does 
not  possess  the  qualifications  prescribed  under  the  educational  law  and  under 
the  regulations  prescribed  by  the  commissioners  of  education  for  the  certification 
of  teachers  employed  in  the  schools  of  the  cities  of  the  State. 

4  A  teacher  whose  name  is  not  included  in  the  report  of  the  superintendent 
of  schools  as  doing  efficient  work  for  two  successive  years  shall  be  discontinued 
as  a  member  of  the  teaching  force  of  the  city,  unless  a  majority  of  the  members 
of  the  board  of  education  shall  vote  to  retain  such  teacher. 

§  286  New  sites  and  new  buildings,  i  Whenever  in  the  judgment  of  the 
board  of  education  the  needs  of  the  city  require  a  new  school  building  or  when- 
ever one  of  the  present  buildings  should  be  repaired,  remodeled  or  enlarged, 
such  board  shall  pass  a  resolution  specifying  in  detail  the  necessities  therefor, 
and  shall  estimate  an  amount  of  money  necessary  for  such  purpose  and  shall 
forward  a  certified  copy  of  said  resolution  and  estimate  to  the  mayor  and  the 
common  council. 

2  Whenever  in  the  judgment  of  the  board  of  education  it  is  necessary  to  select 
a  new  site  or  to  enlarge  the  present  site  or  to  designate  a  playground  or  athletic 
center,  such  board  shall  pass  a  formal  resolution  stating  the  necessity  therefor 
and  describing  by  metes  and  bounds  the  grounds  or  territory  desired  for  each  of 
these  purposes.  Such  resolution  when  adopted,  a  certified  copy  thereof  shall  be 
forwarded  to  the  mayor  and  the  common  council. 

3  The  common  council  shall  thereupon  consider  such  resolution  and  may  call 
for  such  additional  information  from  the  board  of  education  as  appears  necessary. 
The  common  council  may  authorize  the  issuance  of  bonds  or  certificates  of  in- 


I 


EDUCATION    CODE  345 

debtedness  to  meet  the  expenses  incurred  or  to  be  incurred  for  such  purposes  as 
provided  in  this  act.  and  which  bonds  and  certificates  of  indebtedness  shall  be 
issued  pursuant  to  provisions  of  this  act  and  in  the  form  for  which  bonds  and 
certificates  of  indebtedness  are  issued  for  all  city  purposes. 

4  The  plans  and  specifications  for  repairing,  remodeling  or  enlarging  a  school 
building  and  for  the  construction  of  new  school  buildings  shall  be  prepared  by 
and  under  the  direction  of  the  common  council  of  the  city,  and  the  common 
council  is  hereby  authorized  to  obtain  such  plans  and  specifications  through  com- 
petition or  may  authorize  the  employment  of  an  architect  to  prepare  such  plans 
and  specifications. 

5  No  school  building  shall  be  constructed,  no  grounds  improved,  or  otherwise 
changed  and  no  school  buildings  shall  be  remodeled,  repaired  or  enlarged  until 
the  plans  and  specifications  therefor  are  submitted  to  the  board  of  education  and 
approved  by  a  majority  vote  of  that  body. 

6  The  construction,  repairing  and  remodeling  of  school  buildings  and  the  con- 
struction, repairs  or  improvements  of  buildings,  sites  and  other  property  author- 
ized imder  provisions  of  this  act  and  the  award  of  contracts  therefor  shall  be  by, 
under  and  through  the  common  council  of  the  city. 

§  287  School  budget.  On  or  before  the  15th  day  of  May  in  each  year  the 
board  of  education  shall  prepare  a  budget  for  the  ensuing  fiscal  year  of  such 
sums  of  money  as  may  be  deemed  necessary  for  the  following  purposes  after 
deducting  therefrom  the  amount  anticipated  in  the  next  apportionment  of  school 
funds  from  the  State. 

1  Salary  of  superintendent  of  schools,  of  all  teachers,  of  all  professional 
experts,  of  all  nurses,  of  truant  officers  or  janitors  and  of  all  other  employees  of 
the  school  system  appointed  or  employed  by  the  board  of  education. 

2  All  other  necessary,  incidental,  contingent  expenses  including  the  ordinary 
repairs  of  buildings,  the  purchase  of  fuel  and  light,  supplies,  textbooks,  repairs 
and  purchases  of  school  apparatus,  books,  furniture  and  fixtures  and  other  articles 
and  service  necessary  for  the  maintenance,  operation  and  support  of  the  school 
system. 

§  288  Preparation,  revision  and  approval  of  budget,  i  The  board  of  educa- 
tion shall  give  the  mayor  official  notice  of  its  meeting  at  which  the  aforesaid 
budget  is  to  to  be  prepared  and  the  mayor  may  attend  such  meeting  and  shall  be 
accorded  the  right  of  inquiry  into  any  item  of  such  budget  and  of  the  privileges  of 
said  meeting  of  the  board  by  said  board,  except  the  privilege  of  voting.  When  the 
board  of  education  shall  finally  have  determined  on  the  statement  of  expenses 
for  the  items  indicated  in  the  preceding  section,  it  shall  present  the  same  to  the 
mayor  or  the  acting  mayor  of  the  city.  After  the  mayor  or  acting  mayor  ap- 
proves such  statement,  he  shall  sign  it  and  immediately  file  it  with  the  city  clerk. 

2  If  the  mayor  disapproves  of  the  same  or  any  item  therein,  he  shall  within 
five  days  return  such  budget  to  the  president  of  the  board  of  education  with  his 
objection  thereto  indorsed  thereon.  The  board  shall  then  proceed  to  reconsider 
said  budget  and  if  three  of  the  members  of  said  board  vote  in  favor  of  said 


346  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

budget,  it  shall  stand  as  if  it  had  been  approved  by  the  mayor,  and  shall  imme- 
diately be  filed  with  the  city  clerk.  If  three  of  the  members  of  the  board  do  not 
vote  for  the  adoption  of  said  budget,  it  shall  be  modified  so  as  to  conform  to  the 
views  indorsed  by  the  mayor  in  his  objections,  or  the  board  shall  present  to  the 
mayor  as  in  the  first  instance,  a  new  budget. 

3  If  the  mayor  approves  of  such  new  budget,  he  shall  sign  it  and  file  it  with 
the  city  clerk,  and  the  mayor  if  he  does  not  approve  of  any  item  therein,  shall 
within  three  days  return  the  same  with  his  objections  as  before.  The  board  of 
education  shall  continue  to  present  budgets  as  aforesaid  until  the  mayor's 
approval  is  obtained  or  until  three  of  the  members  of  such  board  vote  in  favor 
of  such  budget  over  the  mayor's  objection.  Such  budget  when  thus  approved 
or  passed  shall  be  filed  with  the  city  clerk.  If  the  mayor  fails  to  sign  the  state- 
ment of  the  budget  required  as  herein  provided  or  fails  to  return  the  same  with 
his  objections  thereto,  to  the  board  of  education  within  five  days  after  its  sub- 
mission to  him.  such  statement  shall  be  filed  with  the  city  clerk  in  the  same 
manner  as  if  it  had  been  approved. 

4  Wlien  such  statement  is  finally  filed  with  the  city  clerk,  the  common  council 
in  determining  the  amount  of  the  annual  city  tax  levy  shall  include  the  amount 
specified  in  such  final  statement  without  change  and  shall  cause  the  said  amount 
to  be  levied  in  the  annual  city  tax  levy  and  extended  upon  the  tax  rolls  in  a 
separate  column  to  be  headed  "  School  Taxes."  Such  school  taxes  shall  be 
received  and  the  collection  thereof  enforced  in  the  same  manner  provided  for  the 
receiving  and  collection  of  other  city  taxes,  and  when  the  same  shall  be  collected 
by  the  city  treasurer  he  shall  credit  it  to  the  school  fund  of  the  department  of 
public  instruction. 

5  Such  budget  and  statement  shall  be  completed  and  filed  with  the  city  clerk 
on  or  before  the  15th  day  of  June  in  each  year. 

§  289  School  funds.  1  Public  moneys  appropriated  to  the  city  or  belonging  to 
the  city,  when  received  from  any  source  whatsoever,  and  all  funds  raised  or 
collected  l)y  the  city  for  school  purposes  or  to  be  used  by  the  board  of  education 
for  any  purpose  authorized  by  this  act.  shall  be  paid  to  the  treasurer  of  the 
city  who  shall  keep  the  same  separate  from  the  general  funds  of  the  city  and 
shall  credit  all  such  funds  to  the  department  of  ]niblic  instruction. 

2  Such  funds  shall  be  disbursed  by  a  vote  of  the  board  of  education  upon 
warrants  drawn  on  the  city  treasurer,  signed  by  the  president  of  the  board  of 
education  and  superintendent  of  schools.  Such  orders  shall  l)e  numbered  con- 
secutively and  shall  specify  the  purpose  for  which  drawn  and  the  person  or 
corporation  to  whom  they  are  payable.  All  expenditures  and  purchases  made 
unfler  the  provisions  of  section  282  of  this  act  shall  be  paid  by  the  board  of 
education  after  such  expenditures  and  purchases  liave  been  made  and  delivered 
to  and  accepted  by  such  hoard  and  when  the  bills  therefor  are  submitted  in  item- 
ized form  and  approved  by  the  common  council. 

3  The  salary  of  the  superintendent  of  schools,  of  all  teachers,  professional 
experts,  nurses,  truant  officers,  janitors  and  all  other  employees  of  the  school 


EDUCATION    CODE  347 

system  appointed  or  employed  by  the  board  of  education,  shall  be  paid  in  such 
manner  and  at  such  times,  and  the  moneys  disbursed  therefor,  as  the  board  of 
education  shall  fix  and  determine. 

4  It  shall  be  unlawful  for  the  city  treasurer  to  permit  the  use  of  such  funds 
for  any  purpose  other  than  that  for  which  they  are  authorized,  nor  shall  such 
funds  be  paid  out  except  on  the  countersignature  of  the  mayor.  The  city  treas- 
urer shall  render  to  the  board  of  education  a  monthly  statement  showing  the 
amount  of  funds  available  and  the  specific  purposes  for  which  they  may  be 
expended. 

§  290  Members  of  board  of  education  to  constitute  library  commission. 
The  members  of  the  board  of  education  shall  by  virtue  of  their  otiice,  be  public 
library  commissioners,  and  shall  constitute  and  be  the  public  library  commission. 
The  president  of  the  board  of  education  shall  be  president  of  the  library  com- 
mission, and  the  superintendent  of  schools  shall  be  the  clerk  thereof.  The  library 
commission  shall  take  over  all  property,  books  and  equipment  now  under  control 
and  used  by  the  existing  library  commission  and  devote  the  same  to  the  objects 
of  the  commission. 

§  291  Povi^ers  and  duties  of  the  library  commission.  The  public  library 
commission  may  appoint  a  librarian  or  librarians,  and  such  other  subordinates 
as  the  common  council  may  prescribe.  The  public  library  commission  shall  have 
power  to  make  and  enforce  rules  covering  the  use  of  the  libraries  and  books, 
and  such  other  powers  and  duties  as  are  prescribed  by  the  provisions  of  section  ^ 
1027  to  1044,  both  inclusive,  of  the  general  educational  law  applicable  thereto 
and  by  this  act.  The  common  council  is  authorized  to  make  suitable  appropria- 
tions for  library  purposes  in  accordance  with  the  provisions  of  this  act,  and  the 
provisions  of  section  75  of  this  act,  relative  to  the  purchase  of  supplies  and 
incurring  indebtedness  in  excess  of  two  hundred  dollars  shall  not  apply  to 
purchases  made  by  the  library  commission  and  they  may  make  such  purchases 
from  moneys  appropriated  for  library  purposes  without  public  advertisement. 


§  16  Appointive  officers  enumerated,  i'here  shall  be  appointed  by  the  mayor 
.  .  .  five  members  of  the  board  of  education;  .  .  .  All  appointments 
to  any  city  office  shall  be  evidenced  by  a  certificate  in  writing,  signed  by  the 
appointing  officer  and  filed  forthwith  in  the  office  of  the  city  clerk.  If  any 
appointment  be  made  by  the  common  council,  board  or  commission,  such  certifi- 
cate shall  be  signed  by  the  officer  presiding  at  the  time  of  appointment  so  made, 
attested  by  the  clerk  and  filed  forthwith  in  the  office  of  the  city  clerk. 

§  17  Notice  of  appointment.  Immediately  after  the  filing  of  such  certificate 
the  city  clerk  shall  give  notice  in  writing  to  each  person  of  his  ai>pointment  to 
office. 

§  19  Suspension  and  removal  of  appointive  city  officers,  i'he  mayor  may, 
in  writing,  suspend  for  ten  days  or  less  at  any  one  lime,  any  officer  of  the  city 
appointed  by  him  or  by  the  common  council,  but  he  shall  not  suspend  the  same 
person  more  than  twice  in  one  year.     In  case  of  the  suspension  of  any  officer, 

1  So  in  original. 


34^  THE    UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

the  mayor  shall   forthwith  report   to  the   common   council  the   reason   of   such 
suspension. 

Except  as  otherwise  provided  any  appointive  officer  appointed  by  the  mayor 
or  common  council  may  be  removed  by  a  two-thirds  vote  of  the  common  council 
on  any  of  the  grounds  for  which  a  mayor  may  be  removed,  upon  written  charges 
being  preferred  to  or  by  the  mayor  after  reasonable  notice  thereof,  and  after  a 
reasonable  opportunity  to  be  heard  thereon  has  been  given  by  the  common  council. 
Upon  such  investigation  the  common  council  may  suspend  such  officer. 

§  22  Holding  over.  Every  city  officer  shall  continue  to  hold  office  until  his 
successor  shall  be  chosen  and  shall  qualify,  and  no  longer. 

§  2^  Vacancies.  Except  as  otherwise  provided  in  this  act,  if  a  vacancy  shall 
occur  otherwise  than  by  expiration  of  term,  in  any  elective  office  of  the  city,  the 
common  council  shall  appoint  a  person  to  fill  such  vacancy  until  the  end  of  the 
official  year  in  which  said  vacancy  occurs.  If  the  term  of  officer  vacating  his 
office  continues  beyond  the  official  year  in  which  said  vacancy  occurs,  a  person 
shall  be  elected  at  the  next  annual  city  election  after  the  occurring  of  such 
vacancy,  to  fill  such  vacancy  for  the  remainder  of  the  unexpired  term.  A 
vacancy  occurring  in  any  appointive  office  of  the  city,  otherwise  than  by  expiration 
of  term,  shall  be  filled  for  the  balance  of  the  unexpired  term  in  the  same  manner 
as  an  appointment  for  a  full  term. 

§  24  Resignations.  Resignation  of  elective  officers  shall  be  made  in  writing 
and  presented  to  the  mayor,  and  of  all  other  officers  to  the  appointing  board  or 
officer,  and  the  board  or  officer  to  whom  such  resignation  is  presented  shall 
thereupon  file  the  same  in  the  office  of  the  city  clerk.  The  resignation  of  the  mayor 
must  be  made  and  presented  to  and  filed  with  the  city  clerk. 

§  26  Removal  of  employees.  Except  as  otherwise  provided  in  this  act,  any 
board,  commission  or  officer  may  remove  or  suspend  without  notice  any  employee 
of  their  or  his  board,  commission  or  office.  Laborers  may  be  removed  without 
any  notice  or  hearing.  Nothing  herein  contained  shall  be  construed  to  limit 
or  amend  the  civil  service  laws  of  the  State. 

§  27  Removed  officer  not  eligible  for  reelection  or  appointment.  No  elec- 
tive officer  who  has  been  removed  from  office  under  any  provision  of  this  act 
shall  be  eligible  for  election  or  appointment  to  fill  the  vacancy  caused  by  his 
removal. 

§  28  Appointee  to  be  a  member  of  the  same  political  party  as  predecessor. 
In  case  of  a  vacancy  from  any  cause  in  any  elective  office,  the  person  appointed 
to  fill  such  vacancy  shall  be  a  member  of  the  same  political  party  as  the  last 
inciunbent  of  the  office. 

§  29  General  powers  and  duties  of  officers  and  commissions.     The  officers,] 
boards  and  commissions  elected  or  appointed  pursuant  to  this  act  shall,  in  addi- 
tion to  the  powers  and  duties  specified  herein,  possess  and  exercise  such  powers! 
and  perform  such  duties  as  may  from  time  to  time  be  prescribed  by  law,  ordinance 
or  resolution  of  the  common  council,  not  inconsistent  with  the  provisions  of  this! 
act,  and  so  far  as  applicable  shall  have  all  the  powers  and  perform  all  the  duties! 


EDUCATION    CODE  349 

con/ferred  by  general  law  upon  corresponding  officers,  commissions,  boards  or 
departments  of  the  cities  and  towns  of  this  state. 

§  30  Oath  of  city  officers.  Any  person  elected  or  appointed  to  any  office 
under  this  act  shall,  before  assuming  the  same,  take  the  oath  of  office  prescribed 
by  the  constitution  of  this  State  and  shall  fik  the  same  in  the  office  of  the  city 
clerk,  and  every  person  who  shall  omit  to  take  and  file  his  oath  within  the  time 
prescribed  by  law  shall  be  deemed  to  decline  the  office,  and  such  office  shall  there- 
upon become  vacant.  Each  commissioner  of  deeds  and  each  city  officer,  who  by 
the  provisions  of  this  act  is  given  the  same  powers  as  commissioners  of  deeds, 
shall  forthwith,  upon  his  election  or  appointment,  file  a  certificate  of  his  election 
or  appointment,  to  be  issued  by  the  city  clerk,  in  the  Rensselaer  county  clerk's 
office,  and  also  take  the  prescribed  constitutional  oath  of  office  before  the  said 
county  clerk. 

§  32  Officers  not  to  be  interested  in  contracts.  No  member  of  the  common 
council  or  oificer  or  employee  of  the  city  or  person  receiving  a  salary  or  com- 
pensation from  funds  appropriated  by  the  city  shall  be  interested  directly  or 
indirectly  in  any  contract  to  which  the  city  is  a  party  either  as  principal,  surety 
or  otherwise,  nor  shall  any  such  member  of  the  common  council,  city  officers  or 
employee,  or  person  or  his  partner  or  agent,  servant  or  employee  for  such  officer, 
employee  or  person  of  the  firm  of  which  he  is  a  partner,  purchase  from  or  sell  to 
the  city  or  any  officer  thereof,  any  real  or  personal  property  for  the  use  of  the  city 
or  any  commission  or  officer  thereof,  nor  shall  he  be  interested  directly  or  in- 
directly in  any  work  to  be  performed  for  or  service  rendered  to  or  for  it  or  any- 
thing sold  to  or  from  said  city  or  to  any  officer,  board,  commission  or  person  in 
its  belialf.  Any  contract  made  in  violation  of  any  of  these  provisions  shall  be 
void.  A  person  shall  not  be  deemed  interested  in  a  contract,  purchase  or  sale 
made  by  a  corporation,  with,  from,  or  to  the  city  solely  by  reason  of  the  fact 
that  he  is  a  stockholder  or  trustee  of  such  corporation.  The  term  "  city  officer  " 
as  used  here  however  shall  not  be  deemed  to  include  commissioner  of  deeds. 

>5  33  Officers  trustees  of  public  property.  The  common  coun'cil  and  several 
ntembers  thereof  and  all  officers  and  employees  of  the  city  are  hereby  declared 
trustees  of  the  property,  funds  and  effects  of  said  city  respectively,  so  far  as  such 
property,  funds  and  effects  are  to  be  committed  to  their  management  or  control, 
and  every  taxpayer  residing  in  said  city  is  hereby  declared  to  be  a  cestui  que 
trust  in  respect  to  said  property,  funds  and  efiferts  respectively,  and  any  cotrustee 
and  any  cestui  que  trust  shall  be  entitled  as  against  said  trustee  in  regard  to  said 
property,  funds  and  eflfects.  to  the  benefit  of  all  the  rules,  remedies  and  privileges 
I'rovided  by  law  for  anv  cotrustee  or  cestui  que  trust,  and  to  prosecute  and  main- 
tain an  action  to  prevent  waste  and  injury  to  any  property,  funds  and  effects 
held  in  trust,  and  such  trustees  are  hereby  held  subject  to  all  the  duties  and 
responsibilities  imjx)sed  by  law  upon  trustees,  and  such  duties  and  responsibihties 
may  be  enforced  by  the  city  or  by  any  cotrustee  or  cestui  que  trust  aforesaid. 
The  remedies  herein  provided  shall  be  in  addition  to  those  now  provided  by  law. 


350  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

§  37  Annual  reports  of  departments.  The  several  heads  of  departments 
shall  present  to  the  mayor  annually,  on  or  before  the  lOth  day  oi  January,  a 
report  of  their  proceeding's  during  the  preceding  year.  The  mayor  shall  transmit 
the  same  to  the  common  council  with  any  recommendation  he  miay  deem  proper 
to  make,  but  nothing  in  this  act  contained  shall  be  construed  to  relieve  such  heads 
of  departments  from  furnishing  each  other  information  as  may  be  required  by 
the  mayor  at  any  time. 

§  39  Official  misconduct;  acts  prohibited.  If  any  officer  of  the  city  shall 
vote  for  any  appropriation  or  for  the  payment  or  expenditure  of  any  moneys 
not  authorized  by  or  in  pursuance  to  law,  such  officer  shall  be  guilty  of  a  mis- 
demeanor. If  the  common  council  or  any  board  or  commission  shall  pass  any 
resolution  authorizing  or  purporting  to  authorize,  or  any  head  of  any  department 
or  any  officer  authorizing  any  expenditure  of  money  by  the  city,  for  any  purpose 
exceeding  the  amount  authorized  by  or  in  pursuance  to  law,  to  be  expended  for 
such  purpose,  each  officer  voting  for  such  resolution  in  making  such  authorization 
shall  be  personally  liable  for  the  amount  thereof.  Each  city  officer  shall  upon 
the  expiration  of  his  term  deHver  to  his  successor  all  papers  and  effects  of  eveiy 
description  in  his  possession  or  under  his  control,  belonging  to  the  city  or  per- 
taining to  such  office,  and  if  he  shall  fail  to  do  so  within  five  days  after  notification 
and  request  by  his  successor,  he  shall  be  liable  to  a  penalty  of  one  hundred 
dollars  to  be  recovered  by  the  city  in  a  civil  action  together  with  all  damages 
caused  by  his  neglect  or  refusal  so  to  do,  and  he  may  also  be  proceeded  against 
as  otherwise  provided  for  by  law. 


§  164  Levying  of  city  taxes  and  warrant  for  the  collection  thereof.  Im- 
mediately after  the  filing  of  said  duplicate  assessment  rolls  with  the  city  clerk  as 
in  this  act  provided,  the  common  council  shall  cause  the  amount  authorized  to  be 
raised  for  city  purposes,  except  school  taxes,  as  finally  determined  to  be  rated  and 
assessed  upon  the  property  of  each  person,  company,  corporation  or  association 
appearing  on  such  assessment  rolls,  to  be  set  opposite  the  name  of  each  person, 
company,  corporation  or  association  respectively  in  a  column  headed  "  City 
Taxes  "  in  proportion  to  the  valuation  therein  stated.  It  shall  also  cause  the 
amount  authorized  to  be  raised  for  school  taxes  in  said  city  as  finally  determined 
as  shown  by  the  final  statement  prepared  by  the  board  of  education  filed  with 
the  city  clerk  and  as  in  this  act  provided,  to  be  rated  and  assessed  upon  the  prop- 
erty of  each  person,  company,  corporation  or  association  appearing  on  the  said 
rolls  and  the  same  to  be  set  down  under  a  separate  column  headed  "  School 
Taxes  "  opposite  the  name  of  each  person,  company,  corporation  or  association 
respectively.  After  said  assessment  rolls  have  been  so  completed  and  the  taxes 
thereon  extended,  the  same  shall  be  adopted  by  a  resolution  of  the  common 
council  and  filed  with  the  city  clerk.  The  city  clerk  shall  on  or  before  the  ist 
day  of  August  deliver  one  of  (the  duplicate  rolls  for  each  ward  to  the  treasurer 
with  a  warrant  thereto  annexed  under  the  corporate  seal  of  the  city,  signed  by 


EDUCATION    CODE  351 

the  mayor  and  clerk  thereof,  commanding  him  to  receive,  levy  and  collect  the 
several  sums  in  the  rolls  specified  as  against  the  person  or  property  therein  men- 
tioned or  described  and  the  several  sums  mentioned  under  the  head  of  "  City 
Taxes  "  and  "  School  Taxes  "  opposite  their  respective  names  in  the  manner 
and  with  the  same  fees  and  interest  as  in  this  act  provided.  The  local  assessments 
and  instalments  thereof,  the  expense  of  cleaning  and  repairing  sidewalks  and 
curbs  and  all  other  items  required  by  the  provisions  of  this  act  to  be  inserted 
in  the  annual  tax  rolls  against  the  real  property  s'hall  become  a  part  of  the  city 
and  school  taxes  upon  the  respective  lots  or  parcels  of  land  against  which  such 
items  are  charged  and  the  whole  amount  thereof  becomes  one  tax  and  must 
be  collected  as  such. 


ROCHESTER 

Chapter  755,  Laws  of  1907 
An  act  constituting  the  charter  of  the  city  of  Rochester 

ARTICLE    XIV 

DEPARTMENT  OF  PUBLIC  INSTRUCTION 
Section  381  Board  of  education 

382  General  duties 

383  Specific  duties 

384  Power  to  fix  salaries 

385  Annual  report  to  State  Superintendent 

386  Publication  of  proceedings 

387  Annual  report  to  common  council 

388  Board  to  estimate  the  number  of  pupils  enrolled 

389  Contracts  for  work  and  supplies 

390  Emergency  repairs 

391  Contracts  for  construction  of  school  buildings  exceeding  one  year 

392  Custody  of  libraries 

393  Duties  of  secretary 

394  Qualifications  of  superintendent 

395  Powers  and  duties  of  superintendent 

396  Powers  of  principals 

397  Duties  of  supervising  architect 

398  Qualifications  of  examiner 

399  Board  of  examiners 

400  Qualifications  of  principals  and  teachers 

401  Permanent  appointment  of  principals  and  teachers 

402  Suspension  and  removal  of  officers  and  employees 

403  Common  council  may  direct  sale  of  school  property 

404  Public  schools  free 

405  Teachers  retirement  fund 

Section  381  Board  of  education.  The  head  of  the  department  of  public 
instruction  is  the  board  of  education,  composed  of  the  commissioners  of  schools. 
The  board  must  meet  on  the  first  Monday  of  each  and  every  month  and  at  such 
other  times  as  it  may  appoint,  and  must  at  its  first  regular  meeting  in  January  of 
each  year  elect  one  of  its  members  president.  Special  meeting^s  may  be  called  by 
the  secretary  upon  order  of  the  president  or  on  request  of  a  majority  of  the  board. 

§  382  General  duties.  The  board  establishes,  controls,  maintains  and  provides 
for  the  public  schools,  the  public  school  system,  and  the  general  educational  inter- 
ests of  the  city,  and  manages  and  controls  the  property,  real  and  personal,  which 
belongs  to  the  city  and  is  used  for  the  purposes  of  education,  subject  only  to  the 
general  statutes  of  the  State  relating  to  public  schools  and  public  school  instruc- 
tion and  to  the  provision  of  this  act. 

[352] 


EDUCATION    CODE  353 

§  383  Specific  duties.     The  board  has  power: 

1  Establishment  of  schools.  To  establish,  control  and  maintain  kindergartens, 
common  schools,  high  schools,  manual  training  and  industrial  schools,  evening 
schools,  including  provision  for  special  studies  and  social  improvement,  vacation 
schools,  training  schools  for  teachers,  and  truant  schools ;  to  discontinue  or  con- 
solidate schools :  and  to  establish  on  lands  under  its  control,  with  the  consent  of 
the  connmissiioner  of  parks,  playgrounds,  recreational,  pleasure  and  athletic 
grounds,  and  recreational,  pleasure  and  athletic  activities  and  facilities,  which 
when  established  are  under  the  control,  care,  management  and  maintenance  of 
said  commissioner,  and  to  discontinue  the  same.     {As  ai)iended  by  L.  i(^ij,  ch. 

2  C  hanging  grades  and  courses  of  study.  To  change  the  grades  of  any  or  all 
schools,  and  to  adopt  and  modify  courses  of  study  therefor. 

3  Fixing  qualifications  of  teachers.  To  license  teachers  for  the  schools  of  the 
city,  and  to  tix  a  standard  qualification  as  a  necessary  requirement  for  the  service 
of  all  principals  and  teachers  in  the  schools  of  the  city,  which  recjuirement  may 
be  higher  but  not  lower  than  the  minimum  qualifications  required  by  the  laws  of 
the  State  and  the  provisions  of  this  act. 

4  Purchase  of  school  property  and  supplies.  As  herein  provided,  to  purchise, 
lease  or  improve  sites  for  schoolhouses ;  to  build,  purchase,  lease,  enlarge,  im- 
prove, alter  and  repair  schoolhouses  and  appurtenances ;  to  purchase,  improve, 
exchange  and  repair  schools,  apparatus,  books,  furniture  and  appendages ;  and  in 
general  to  provide  for  all  the  requirements  of  the  schools  under  its  control. 

5  Appointment  of  officers  and  employees.     To  appoint  as  herein  provided: 
a  A  secretary  of  the  board  to  serve  during  its  pleasure. 

b  A  superintendent  of  public  schools,  whose  term  of  office  is  four  years. 

c  Two  examiners  to  serve  during  the  pleasure  of  the  board. 

d  A  supervising  architect  of  experience  and  good  standing  in  his  profession,  to 
serve  during  the  pleasure  of  the  board. 

e  All  school  principals  and  teachers. 

/  All  janitors  and  truant  officers,  subject,  however,  to  the  restrictions  imposed 
by  the  general  laws  of  the  State. 

g  Such  other  officers  and  employees  as  it  may  deem  necessary  for  the  proper 
discharge  of  its  administrative  duties. 

6  Vacancies.  To  till  for  the  unexpired  term  any  vacancies  which  may  occur 
in  the  offices  or  positions  in  this  section  provided  for. 

7  Nonresident  pupils.  To  allow  the  children  of  persons  not  residents  of  the 
city  to  attend  the  schools  under  the  care  and  control  of  the  board,  upon  the  pay- 
ment of  such  tuition  and  upon  such  terms  as  the  board  may  by  resolution  pre- 

I  scribe.  Permission  must  be  granted  to  children  residing  in  those  portions  not 
annexed  of  school  districts  numbers  2  and  10  of  the  town  of  Brighton,  as  such 
1  districts  existed  on  the  ist  day  of  .March,  1913.  and  of  school  district  number  4 
i  of  the  town  of  Greece,  as  the  same  existed  on  the  ist  day  of  March.  191 5,  to 
t  attend  without  payment  of  tuition  schools  under  the  care  and  control  of  the 
12 


354  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

board.  The  board  must  cause  to  be  made  and  filed  in  its  office  maps  showing  the 
boundaries  of  the  aforesaid  districts  as  existing  on  said  respective  dates.  {As 
amended  by  L.  igi^,  ch.  6jp;  L.  igi§,  ch.  ^59.) 

8  Adoption  of  rides.  To  adopt  rules  and  regulations  for  the  proper  transac- 
tion of  its  business ;  for  defining  the  duties  of  its  officers  and  employees,  and  for 
the  proper  execution  of  all  powers  vested  in  and  duties  imposed  upon  it  by  law. 

9  Use  of  schools  for  libraries.  Permit  the  board  of  trustees  of  public  libraries 
to  use  school  buildings  or  parts  thereof  for  the  establishment  and  maintenance  of 
libraries.     {As  added  by  L.  ipii,  ch.  340.) 

^  384  Power  to  fix  salaries.  The  board  of  education  may  fix  within  the 
proper  appropriation  of  money  therefor,  the  salaries  and  compensation  of  all  offi- 
cers and  employees  appointed  by  it. 

§  385  Annual  report  to  State  Superintendent.  The  board  must  between  the 
1st  day  of  August  and  the  30th  day  of  September  of  each  year,  transmit  to  the 
State  Superintendent  of  Public  Instruction,  a  report  in  writing  for  the  State  school 
year  ending  on  the  next  preceding  31st  day  of  July,  in  such  form  and  stating  such 
facts  as  the  State  Superintendent  and  school  laws  of  the  State  may  require. 

§  386  Publication  of  proceedings.  It  is  the  duty  of  the  board  to  cause 
to  be  published  in  one  of  the  official  papers  a  report  of  the  final  proceedings  of 
each  meeting  of  the  board. 

>j  387  Annual  report  to  the  common  council.  It  is  the  duty  of  the  board 
to  prepare  and  transmit  to  the  common  council  within  ten  days  preceding  the  close 
of  the  fiscal  year,  correct  statements  of  the  receipts  and  disbursements  of  money 
during  such  fiscal  year,  in  which  accounts  must  be  stated  under  appropriate 
heads : 

1  The  moneys  raised  by  the  common  council  under  the  provisions  of  this  act. 

2  The  school  moneys  received  by  the  city  treasurer  from  the  county  treasurer 
of  the  State. 

3  All  other  moneys  received  by  the  city  treasurer,  subject  to  the  order  of  the 
board,  specifying  the  same  and  the  sources  thereof. 

4  The  manner  in  which  such  sums  of  mone}'  have  been  expended,  specifying  the 
amount  paid  under  each  head  of  expenditure,  and  whether  any  part  of  any  such 
fund  remains  unexpended. 

5  Whether  any  and  what  claims  or  bills  against  the  department,  or  obliga- 
tions incurred  by  said  department,  remain  unpaid. 

6  A  full  account  of  the  condition  of  the  teachers  retirement  fund,  its  amount, 
the  manner  of  its  investment,  and  all  receipts  and  disbursements  on  account  of 
said  fund  during  the  year. 

§  388  Board  to  estimate  the  number  of  pupils  enrolled.  The  board  must, 
on  or  before  the  15th  day  of  January  in  each  year,  report  to  the  board  of  esti- 
mate and  apportionment  the  total  number  of  persons  registered  as  pupils  in  the 
public  schools  of  the  city  during  the  preceding  year. 

§  389  Contracts  for  work  and  supplies.  Whenever  the  board  intends  to 
cause  any  work  to  be  performed  or  to  purchase  any  supplies  at  an  estimated  ex- 


EDUCATION    CUD1£  355 

pense  of  not  less  than  fifty  or  more  than  two  hundred  and  fifty  dollars,  it  is  the 
duty  of  the  ofiicials  having  jurisdiction  thereof  to  procure  estimates  of  such  work 
or  supplies  from  two  or  more  competitors,  whenever  practicable,  and  report  such 
estimate  to  the  board  for  its  consideration  and  action.  Whenever  the  estimated 
expense  of  such  work  or  supplies  exceeds  two  hundred  and  fifty  dollars,  the  board 
must  proceed  as  follows : 

a  A  resolution  providing  for  the  doing  of  the  work,  or  the  purchasing  of  sup- 
plies, must  be  entered  by  the  clerk  in  full  in  the  minutes  of  the  board.  Bids  must 
be  called  for  by  publication  in  the  official  papers  at  least  twice  in  each  week  for 
two  weeks. 

b  Bids  duly  sealed  must  be  filed  with  the  clerk  by  twelve  o'clock  noon  of  the 
last  day,  as  stated  in  the  advertisement. 

c  Bids  must  be  opened  at  the  next  meeting  of  the  board  and  publicly  read  by 
the  clerk. 

d  Each  bid,  if  it  relates  to  both  labor  and  materials,  must  state  each  separately, 
with  the  price  thereof,  and  must  contain  the  name  of  every  person,  firm  or  cor- 
poration interested  in  the  same;  and  must  be  accompanied  by  a  sufficient  guar- 
antee of  some  disinterested  person  that  if  the  bid  is  accepted  a  contract  will  be 
entered  into  and  the  performance  of  it  properly  secured  by  bonds  duly  approved. 

c  The  board  may,  in  its  discretion,  accept  any  bid  which  is  most  advantageous 
to  the  city  and  thereupon  cause  a  contract  therefor  to  be  executed  in  the  name 
of  the  city  by  the  president  of  the  board;  or  it  may  reject  any  or  all  bids,  as  the 
interests  of  the  city  require. 

§  390  Emergency  repairs.  In  case  of  emergency  requiring  the  closing  of  a 
school  building  unless  immediate  repairs  thereto  are  made,  the  board  may  cause 
repairs  thereto  to  be  made  without  a  contract  therefor,  or  may  let  a  contract 
therefor  without  advertising  and  receiving  bids,  upon  filing  with  the  comptroller 
a  certificate  approved  by  the  mayor  showing  such  emergency  and  the  necessity 
of   repairs. 

.^  391  Contracts  for  construction  of  school  buildings  exceeding  one  year. 
The  board  may  let  contracts  for  the  construction  of  school  buildings  in  which  it 
is  agreed  that  the  contract  price  is  payable  from  the  moneys  appropriated  for  tlie 
department  of  public  instruction  or  otherwise  lawfully  added  thereto  for  the 
fiscal  year  in  which  the  contracts  are  let  and  for  the  fiscal  year  following,  pro- 
vided that  the  total  amount  contracted  to  be  paid  from  the  moneys  for  the  fiscal 
year  following  the  letter  of  contracts  must  not  exceed  one  hundred  thousand  dol- 
lars. 

§  392  Custody  of  libraries.  The  board  is  the  trustee  of  the  school  library 
or  libraries  in  the  city,  and  all  the  provisions  of  the  law  now  or  hereafter  passed 
relative  to  public  school  libraries  apply  to  the  board.  It  is  vested  with  the  same 
discretion  as  to  the  disposition  of  all  moneys  appropriated  by  any  law  of  the 
State  for  the  purchase  of  libraries  which  is  therein  conferred  upon  the  inhabi- 
tants of  the  school  districts.  It  is  the  duty  of  the  board  to  provide  for  the 
safekeeping  of  the  library  or  libraries. 


35^  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

§  393  Duties  of  secretary.  The  secretary  has  charge  of  the  rooms,  books, 
papers  and  documents  of  the  board,  except  such  as  pertain  to  the  office  and 
duties  of  the  superintendent.  He  must  perform  such  duties  as  may  be  required 
of  him  by  the  board,  its  committees  or  members.  He  has  the  right  to  administer 
oaths  and  take  acknowledgments,  but  witliout  fee.  He  is  the  clerk  of  the  board, 
and  must  keep  or  cause  to  be  kept  a  record  of  the  proceedings  thereof.  He  must 
also  keep,  or  cause  to  be  kept,  a  set  of  records,  showing  the  receipts  and  expendi- 
tures of  the  board.  Said  expenditures  must  be  subdivided  so  as  to  show  the  cost 
of  maintaining  each  school  separately  and  the  supplies  used  therein.  He  must 
also  keep  or  cause  to  be  kept  a  series  of  receipts,  to  be  signed  by  either  the  prin- 
cipals or  janitors,  certifying  to  all  repairs  and  improvements  made  and  all  sup- 
plies received  for  the  respective  school  buildings  and  premises.  The  printed 
record  of  the  board,  or  a  transcript  thereof,  certified  by  the  president,  or  secre- 
tary, is  presumptive  evidence  of  all  the  facts  therein  set  forth,  and  such  records. 
and  all  the  books,  accounts,  vouchers  and  papers  of  the  board  must  at  all  times  be 
subject  to  the  inspection  of  the  common  council  and  of  any  committee  thereof. 

§  394  Qualifications  of  superintendent.  No  person  is  eligible  to  be  appointed 
as  superintendent,  unless  he  is  a  graduate  of  a  college  or  university  recognized  by 
the  Regents  of  the  State  of  New  York,  and  has  had  at  least  ten  years'  successful 
experience  as  a  practical  educator. 

§  395  Powers  and  duties  of  superintendent.  The  superintendent  has  power, 
and  it  is  his  duty  to  enforce  the  laws  of  the  State  appHcable  to  the  public  schools 
of  the  city  and  all  the  rules  and  regulations  of  the  board,  except  as  herein  pro- 
vided. He  must  visit  the  schools  of  the  city  as  often  as  he  can  consistently  with 
his  other  duties,  and  inquire  into  the  character  of  the  instruction,  management  and 
discipline,  and  advise  and  encourage  the  officers,  teachers  and  pupils  thereof.  He 
must  prescribe,  subject  to  the  rules  of  the  board  and  the  provisions  herein,  suit- 
able registers,  blanks,  forms  and  regulations  for  making  all  reports  and  for  con- 
ducting all  necessary  business  connected  with  the  school  system,  and  he  must 
cause  the  same,  with  such  information  and  instruction  as  he  deems  conducive  to 
the  proper  organization  and  government  of  the  schools  to  be  transmitted  to  the 
persons  entrusted  with  the  execution  of  the  same.  He  must  report  to  the  board 
from  time  to  time  as  he  may  be  required  or  deem  necesssary,  a  statement  of  the 
condition  of  the  schools  and  all  such  matters  relating  to  his  office,  and  such  plans 
and  suggestions  for  the  improvement  of  the  schools  and  for  the  advancement  of 
public  instruction  in  the  city,  as  he  may  deem  expedient.  He  must  recommend 
the  number  of  teachers  necessary  for  each  of  the  several  schools.  He  may,  when- 
ever occasion  requires,  and  unless  otherwise  directed  by  the  board,  appoint  supply 
teachers  and  assign  them  to  duty,  and  he  may  temporarily  transfer  principals, 
teachers  and  inijMls  from  one  school  to  another.  It  is  his  duty  to  maintain  proper 
discipline  in  the  managemenr  and  conduct  of  the  schools,  and  he  may  in  his  dis- 
cretion suspend  or  expel  any  ])upil  guilty  of  misconduct  or  insubordination,  and 
may  sus])end  for  cause  any  teacher,  principal  or  eni])loyee.  He  must  immediately 
report  such  suspension  to  the  board.     It  is  his  duty  to  report  to  the  board  in- 


EDUCATION    CODE  357 

efficiency  on  the  part  of  principals,  teachers  and  employees.  He  must  nominate 
an  assistant  superintendent,  special  teachers  and  supervisors.  He  must  enforce 
the  compulsory  education  law  and  direct  truant  officers  in  the  discharge  of  their 
duties. 

§  396  Powers  of  principals.  A  principal  under  the  general  supervision  of  the 
superintendent,  has  the  direction  of  the  school  over  which  he  is  placed,  and  the 
assignment  of  teachers  to  their  respective  grades  in  the  school,  and  he  must  direct 
them  as  to  methods  of  instruction  and  discipline.  He  may  suspend  any  teacher  for 
a  definite  time  for  inefficiency  or  insubordination,  and  he  must  immediately  re- 
port such  suspension  and  the  reasons  therefor  to  the  superintendent. 

§  397  Duties  of  supervising  architect.  It  is  the  duty  of  the  supervising 
architect,  subject  to  the  rules  and  regulations  of  the  board,  to  inspect  school  build- 
ings, prepare  plan  and  specifications  for  new  buildings,  annexes  and  repairs,  and 
to  supervise  the  construction  and  making  thereof. 

v^  398  Qualifications  of  examiner.  No  person  is  eligible  to  be  appointed 
as  examiner,  unless  he  is  a  graduate  of  a  college  or  university  recognized  by  the 
Regents  of  the  State  of  New  York,  and  has  had  at  least  five  years'  successful  ex- 
])erience  in  teaching  since  graduation,  or  unless  he  has  a  state  certificate  and 
has  had  at  least  ten  years'  successful  experience  in  teaching  since  obtaining  such 
certificate.  No  principal  or  teacher  in  the  public  schools  in  the  city  is  eligible 
to  appointment  as  examiner. 

^  399  Board  of  examiners.  The  board  of  examiners  consists  of  the  super- 
intendent and  two  examiners,  and  it  is  its  duty  to  examine  all  applicants  for 
positions  as  principals  or  teachers  in  the  public  schools  of  the  city,  and  to  prepare 
an  eligible  list  of  such  applicants  as  they  may  deem  qualified,  classified  as  to 
position  and  graded  according  to  scholarship,  character  and  general  fitness.  The 
board  of  examiners  must  hold  such  examinations  as  the  superintendent  may 
prescribe,  and  must  prepare  the  eligible  list.  The  superintendent  must  report 
the  eligible  list  to  the  board  of  education,  and  must  also  subscribe  the  same  into  a 
book,  which  is  open  to  public  inspection.  Any  name  placed  upon  the  eligible  list 
is  entitled  to  remain  thereon  without  further  examination  for  the  period  of  two 
years,  after  which  the  name  is  dropped  from  the  list  unless  otherwise  determined 
by  the  board  of  examiners. 

ij  400  Qualification  of  principals  and  teachers.  The  superintendent  must 
nominate  principals  for  each  school  from  the  first  ten  names  certified  by  the 
board  of  examiners  as  qualified  for  principalship.  No  person  must  be  appointed 
to  the  position  of  principal  of  high  school  or  grammar  school,  or  to  the  position 
of  teacher  of  a  high  school,  who  has  not  had  two  years'  successful  experience 
as  teacher,  and  who  does  not  possess  one  of  the  following  qualifications:  (a) 
Completion  of  a  four  years'  course  in  a  college  or  high  school  recognized  by 
the  Regents  of  the  State  of  New  York,  (b)  Completion  of  a  four  years'  course 
in  a  normal  school  recognized  by  the  State  Department  of  Public  Instruction. 
(c)  Holder  of  a  Hfe  certificate  of  the  State  of  New  York  granted  upon  exam- 
ination.    The  superintendent  and  principal  of  a  school  constitute  a  board  for 


358  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

the  nomination  of  teachers  for  such  school  from  the  first  twenty-five  names  on 
the  eligible  list  for  teachers,  but  no  person  may  be  appointed  as  teacher  in  a 
grammar  school  or  kindergarten  who  is  not  a  graduate  of  a  normal  school  after 
a  course  of  study  therein  of  at  least  two  years,  or  has  not  pursued  a  course  in 
pedagogy  in  a  State  training  school  or  city  training  school  for  one  year ;  except 
that  any  graduate  of  the  normal  course  of  the  Rochester  Athenaeum  and  Me- 
chanics Institute  after  a  course  of  study  therein  of  at  least  two  years,  may  be 
appointed  as  teacher  of  manual  training,  domestic  science,  domestic  art,  or  any 
of  the  special  subjects  comprised  in  the  normal  course  of  said  institute.  The 
board  of  education  must  consider  such  nomination,  and  upon  approval  appoint 
the  person  so  nominated.  But  any  principal  or  teacher  in  the  employ  of  the 
board  of  education  at  the  time  of  the  passage  of  this  act  is  exempt  from  the 
conditions  as  to  qualifications  of  eligibility  imposed  by  this  act.  Any  principal 
or  teacher  who  has  been  appointed  is  eligible  to  reappointment  without  examina- 
tion or  certification  by  the  board  of  examiners. 

§  401  Permanent  appointment  of  principals  and  teachers.  Any  principal  or 
teacher  who  has  been  appointed  to  the  same  school  for  three  successive  years  may, 
upon  the  recommendation  of  the  superintendent,  be  promoted  by  the  board  to 
permanent  service  in  such  school  during  good  behavior,  and  thereafter  they  may 
be  suspended  or  removed  as  herein  provided  only  for  cause  and  after  a  hearing. 

§  402  Suspension  and  removal  of  officers  and  employees.  The  board  may 
suspend  any  principal  or  teacher  for  a  definite  time,  and  may  for  cause  remove 
any  officer,  principal,  teacher  or  employee ;  provided,  however,  that  no  officer, 
principal  or  teacher  may  be  removed  until  opportunity  for  a  hearing  at  a  meeting 
of  the  board  has  been  given.  All  suspensions  by  principals  are  subject  to  review 
by  the  superintendent,  and  suspensions  by  the  superintendent  are  subject  to  re- 
view by  the  board.  .\ny  person  suspended  is  not  entitled  to  salary  for  time  -of 
suspension,  unless  such  suspension  is  revoked  by  superior  authority.  This  sec- 
tion does  not  limit  the  power  of  removal  of  any  person  holding  during  the  pleasure 
of  the  board,  and  does  not  require  any  hearing  to  be  had  upon  a  failure  to  re- 
appoint after  the  expiration  of  a  term. 

>  403  Common  council  may  direct  sale  of  school  property.  Upon  recom- 
mendation of  the  board  of  education,  the  sale  of  schoolhouses,  lots  or  sites,  or 
any  other  school  property,  may  be  authorized  by  ordinance  of  the  common  council 
as  herein  provided  in  relation  to  other  sales  of  real  property.  The  proceeds  of 
such  sale  must  be  paid  to  the  treasurer  to  the  credit  of  the  funds  of  the  depart- 
ment of  public  instruction. 

;i  404  Public  schools  free.  The  {)ublic  schools  are  free  to  all  children  between 
the  ages  of  5  and  21  years  residing  in  the  city,  and  the  evening  schools  are  free 
to  all  persons  over  14  years  of  age  residing  in  the  city. 

§  405  Teachers'  retirement  fund. 

I  Trustees.  The  commissioners  of  schools,  the  superintendent  of  schools,  one 
principal  and  one  teacher  of  the  public  schools,  constitute  a  board  of  trustees 
of  the  teachers  retirement  fund.     In  September  of  every  odd  numbered  year, 


EDUCATION    CODE  359 

a  meeting  of  all  the  principals  and  teachers  of  the  public  schools  must  be  called 
by  the  superintendent,  at  which  one  principal  and  one  teacher  then  in  active 
service  shall  be  chosen  to  serve  for  a  term  of  two  years  on  the  board  of  trustees. 

2  Sources  of  fund.  The  teachers  retirement  fund,  in  addition  to  the  moneys 
therein,  consist  of : 

a  All  donations,  legacies  and  gifts  made  to  said  fund. 

b  Two  per  centum  of  the  annual  salaries  respectively  paid  to  the  superintend- 
ent of  schools,  supervisors,  principals  and  teachers  regularly  employed  in  the 
public  schools  of  the  city,  to  be  deducted  by  the  city  treasurer  in  two  semiannual 
instalments  and  credited  to  the  retirement  fund  :  except  that  no  deductions  are 
to  be  made  from  the  salaries  of  the  superintendent  and  supervisors  now  in  office 
who  have  not  become  qualified  to  participate  in  the  benefits  of  the  retirement 
fund;  or  from  the  salaries  of  superintendents  and  supervisors  hereafter  ap- 
pointed who  do  not  within  one  month  after  appointment  give  notice  in  writing  to 
the  board  of  trustees  of  his  or  her  desire  to  participate  in  the  benefits  of  the 
retirement  fund. 

c  An  amount  to  be  paid  each  year  from  the  fimds  appropriated  by  the  city  of 
Rochester  for  the  department  of  public  instruction,  equal  to  one-half  the  total 
sum  deducted  from  the  salaries  of  the  superintendent,  supervisors,  principals  and 
teachers  for  that  year.  The  amount  thereof  must  be  deducted  by  the  city  treas- 
urer in  two  semiannual  instalments  and  credited  to  the  retirement  fund. 

d  All  moneys  which  may  be  obtained  from  other  sources  or  by  other  means 
duly  and  legally  devised  for  the  increase  of  the  retirement  fund  by  the  board  of 
trustees  or  with  their  consent. 

3  Payments  from  fund.  No  moneys  may  be  paid  from  the  teachers  retirement 
fund,  until  the  amount  and  payment  thereof  has  been  approved  by  a  vote  of  the 
board  of  trustees. 

4  Retirement  on  pensions. 

a  In  case  the  board  of  education  retires  from  service  or  refuses  to  reappoint 
to  service  any  supervisor,  principal  or  teacher  who  has  served  in  such  capacity 
or  capacities  for  an  aggregate  period  of  twenty  years  if  a  female,  and  twenty- 
five  years  if  a  male,  the  person  so  retired  or  refused  reappointment  thereupon 
becomes  an  annuitant  under  the  retirement  fund,  provided  that  not  less  than 
fifteen  years  of  such  service  hav€  been  performed  in  the  public  schools  of  Roch- 
ester, and  in  case  of  a  superintendent  or  supervisor  that  he  or  she  has  become 
entitled  to  the  benefits  of  the  retirement  fund. 

b  Any  superintendent,  supervisor,  principal  or  teacher  who  has  served  in  such 
capacity  or  capacities  for  a  period  of  thirty  years  if  a  female,  or  thirty-five  years 
if  a  male,  may,  with  the  consent  of  the  board  of  education  retire  from  service 
and  become  an  annuitant  under  the  retirement  fund,  provided  that  not  less  than 
fifteen  years  of  such  service  have  been  performed  in  the  public  schools  of  Roch- 
ester, and  in  case  of  a  superintendent  or  supervisor  that  he  or  she  has  become 
entitled  to  the  benefits  of  the  retirement  fund. 

c  Amount  of  annuity.  An  annuity  paid  from  the  teachers  retirement  fund  is 
one-half  the  amount  of  the  annual  salarv  of  the  annuitant  at  the  time  of  retirement 


360  THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

from  service,  not  exceeding,  however,  eight  hundred  dollars.  But  if  the  moneys  in 
the  retirement  fund  are  at  any  time  inadequate  to  fully  pay  all  annuities  payable 
therefrom,  the  board  of  trustees  may  then  direct  the  payment  to  the  persons 
entitled  to  participate  in  said  fund  as  near  a  pro  rata  amount  as  in  their  judgment 
the  circumstances  will  warrant. 

5  Amount  of  contribution.  No  person  may  become  an  annuitant  who  has  not 
contributed  to  the  teachers  retirement  fund  an  amount  equal  to  at  least  forty 
per  centum  of  his  or  her  annual  salary  at  the  time  of  retirement,  but  any  person 
otherwise  qualified  may  become  an  annuitant  by  making  a  cash  payment  to  the 
retirement  fund  of  such  an  amount  as  his  or  her  contributions  may  have  fallen 
short  of  the  required  forty  per  centum. 

6  Refund  of  contributions.  If  at  any  time  a  superintendent,  supervisor,  princi- 
pal or  teacher  who  is  willing  to  continue  service  in  the  public  schools  of  the  city 
is  not  reemployed  or  is  discharged  before  the  time  when  he  or  she  would  be 
entitled  to  an  annuity,  then  there  must  be  paid  back  to  such  person,  without 
interest,  all  the  money  which  may  have  been  deducted  from  his  or  her  salary 
for  the  retirement  fund. 

ARTICLE  I 

Section  14  Elective  officers.  The  officers  elected  by  the  electors  of  the  city 
are :     .     .     .     five  commissioners  of  schools.     .     .     . 

§  16  Qualifications.  Every  person  appointed  or  elected  to  office  must  reside 
in  the  city  at  least  five  months  previous  to  his  election  or  appointment.     .     .     . 

§  17  Term  of  office  of  elective  officers.  The  term  of  office  of  each  elective 
officer  commences  on  the  ist  day  of  January  succeeding  his  election  and  is  for  a 
period  of  two  years,  except  that  the  term  of  office  of  commissioners  of  schools 
.     .     .     is  four  years.     .     .     . 

§  20  Official  oath  and  undertaking.  Every  officer,  before  entering  upon  his 
duties,  must  file  with  the  city  clerk  the  constitutional  oath  of  office,  and  if  re- 
quired by  ordinance  of  the  common  council,  an  undertaking  in  the  amount  re- 
quired by  such  ordinance,  approved  by  the  mayor  as  to  the  sufficiency  of  the  sure- 
ties and  by  the  corporation  counsel  as  to  its  form  and  validity.  In  case  any  officer 
fails  to  file  the  oath  of  office  or  an  undertaking  if  required,  within  fifteen  days 
after  the  commencement  of  his  term  of  office,  if  an  elective  office,  and  if  an  ap- 
pointive office,  within  fifteen  days  after  he  enters  upon  his  duties,  his  office  is 
deemed  vacant  and  the  vacancy  must  be  filled  as  herein  provided.  The  board  of 
estimate  and  apportionment  may  from  time  to  time  authorize  the  payment  by  the 
city  of  the  whole  or  any  part  of  the  annual  premium  for  the  undertaking  of  the 
city  treasurer.      (As  amended  by  L.   ipio,  ch.  2^0.) 

^  21  Fixed  salaries.  The  annual  salary  of  ,  .  .  each  commissioner  of 
schools,  twelve  hundred  dollars ;     .     .     . 

§  22  Power  to  authorize  expenditures.  .  .  .  the  separate  boards  provided 
for  in  this  act  or  otherwise  by  law  .  .  .  are  empowered  to  authorize  expendi- 
tures of  money  in  their  respective  dej)artmcnts.     .     .     .     Such  power  to  author- 


EDUCATION    CODE  36 1 

ize  expenditures  of  money  is  subject  to  the  methods  and  limitations  otherwise 
imposed  by  this  act  or  by  law  as  to  the  expenditure  of  money. 

§  2^  Expenditures  in  excess  of  appropriations  prohibited.  No  board  is 
permitted  during  any  fiscal  year  to  expend  or  contract  to  be  expended  any  money, 
or  to  enter  into  any  contract  which  by  its  terms  involves  the  expenditures  of 
money  in  excess  of  the  amounts  appropriated  in  the  annual  estimate  adopted  by 
the  common  council  or  otherwise  lawfully  added  thereto  for  such  .  .  .  board. 
.  .  .  Any  officer  of  the  city  making  or  voting  for  any  contract  prohibited  by 
this  section,  or  certifying  any  account  or  claim  or  making  any  requisition  pro- 
hibited thereby,  is    guilt}'  of  a  misdemeanor. 

v^  24  Additional  fees  or  compensation  not  to  be  paid.  No  ofticer  of  the 
city  recei\  ing  a  stated  salary  or  compensation,  except  corporation  counsel,  may 
have  or  receive  to  his  use  any  prerequisites,  compensation  or  fees  for  services 
pertaining  directly  or  indirectly  or  which  may  hereafter  be  added  to  the  duties 
of  his  office,  in  addition  to  his  salary ;     .     .     . 

§  25  Officers  not  to  be  interested  in  contracts.  Every  officer  and  employee 
of  the  city  is  prohibited  from  being  interested,  directly  or  indirectly,  in  any 
contract  to  which  the  city  is  a  party,  either  as  principal,  surety  or  otherwise; 
or  in  any  purchase  from  or  sale  to  the  city, 

§  26  Restrictions  as  to  holding  office.  No  person  may  at  the  same  time 
hold  more  than  one  city  office,  and  upon  the  acceptance  of  a  second  office  the 
first  office  becomes  vacant. 

§  28  Estimates  of  departments.  On  or  before  the  ist  day  of  November 
in  each  year  all  heads  of  departments  .  .  .  must  furnish  to  the  mayor 
estimates  in  writing  of  the  amount  required  for  expenditures  for  the  next  fiscal 
year  .  .  .  provided,  however,  that  the  estimate  of  the  department  of  public 
instruction  must  be  submitted  on  or  before  the  31st  day  of  December  in  each 
year. 

^  29  Annual  reports.  All  heads  of  departments,  boards.  .  .  .  empow- 
ered to  authorize  expenditures  of  money,  must  present  to  the  mayor,  on  or 
before  the  31st  day  of  December  in  each  year,  a  report  of  their  proceedings 
during  the  current  year. 

§  30  Vacancies.  X'acancies  in  elective  offices  arising  otherwise  than  by  ex- 
piration of  term  are  filled  as  follows:  ...  if  in  the  office  of  .  .  . 
commissioner  of  schools,  it  is  filled  by  appointment  by  the  mayor  for  the  unex- 
pired term ;      .      .      . 

S  31  Resignations.  Resignations  of  elective  officers  must  be  made  and  pre- 
sented to  the  mayor,     .     .     . 

.VRTICLE    IV 

§  62  Annual  estimate.  Within  forty-five  days  after  the  commencement  of 
each  fiscal  year  the  board  of  estimate  and  apportionment  must  make  an  itemized 
statement  in  writing  of  the  estimated  revenues  and  expenditures  of  the  city  for 
the  fiscal  year.  The  estimate  of  expenditures  must  contain  an  estimate  of  the 
several    amounts    of    money    which    the    board   of   estimate    and    apportionment 


362  THE    UNIVERSITY   OF    THE    STATE   OF    NEW    YORK 

deems  necessary  to  provide  for  the  following  departments,  .  .  .  department 
of  public  instruction,  .  .  .  also  the  amounts  of  money  required  to  be  paid 
into  sinking  funds,  the  money  required  for  interest  on  bonds.  .  .  .  The 
estimate  of  expenditures  for  the  department  of  public  instruction  must  not  be 
less  than  a  sum  equal  to  twenty-five  dollars  per  capita,  based  on  the  total  number 
of  persons  enrolled  as  pupils  in  the  public  schools  for  the  year  ending  on  the 
preceding  31st  day  of  December.  After  the  annual  estimate  has  been  com- 
pleted, the  board  of  estimate  and  apportionment  must  submit  the  same  in  final 
form  to  the  common  council,  with  a  statement  in  writing  of  such  reasons  for 
such  estimate  as  it  may  deem  proper.     (As  aiiieiidcd  by  L.  1914,  ch.  342.) 

§  63  Annual  appropriations.  .  .  .  When  any  moneys  or  revenues  are  re- 
ceived by  the  .  .  .  [board  of  education]  from  any  source  other  than  by 
municipal  tax  and  which  are  not  otherwise  appropriated  or  directed  by  law  to 
be  applied,  such  moneys  or  revenue  may  be  used  and  applied  toward  and  in 
addition  to  the  funds  appropriated  as  aforesaid,  in  such  manner  as  the  board 
of  estimate  and  apportionment  may  direct. 

§  64  Emergency  fund.  The  board  of  estimate  and  apportionment  may 
create  in  any  department,  bureau,  board,  court  or  office  for  which  moneys  are 
appropriated  in  the  annual  estimate,  from  the  moneys  so  appropriated,  an 
emergency  fund  not  exceeding  the  sum  of  one  thousand  dollars,  which  sum 
may  be  expended  by  the  board  or  officer  empowered  to  authorize  expenditures, 
subject  to  such  rules  and  regulations  therefor  as  the  board  of  estimate  and 
apportionment  may  make ;  and  claims  must  thereafter  be  presented  for  the 
moneys  so  expended,  and  audited  in  the  same  manner  as  other  claims,  and  when 
so  audited  the  moneys  must  be  repaid  into  said  fund ;  provided,  however,  that 
the  balance  therein  at  the  end  of  the  year  must  be  applied  as  are  other  unex- 
pended balances  of  the  department,  bureau,  board,  court  or  office.  {As 
amended  by  L.  ipii,  ch.  384.) 

§  90  Ordinance  for  acquisition  of  real  estate  for  school  purposes.  When- 
ever the  board  of  education  reports  to  the  common  council  that  it  is  unable  to 
purchase  real  estate,  rights  or  easements  deemed  necessary  by  it  for  school  pur- 
poses, the  common  council  may  pass  an  ordinance  containing  a  description  of 
the  real  estate,  rights  or  easements  to  be  acquired,  and  declaring  its  intention 
to  acquire  the  same,  and  that  it  deems  the  same  necessary  for  municipal  pur- 
poses, and  directing  the  corporation  counsel  to  institute  condemnation  proceed- 
ings for  the  acquirement  of  the  same. 

%  94  Power  to  establish  playgrounds.  The  common  council  has  power  by 
ordinance  to  locate  and  establish  playgrounds,  and  to  determine  that  a  small 
park  or  square,  or  a  part  thereof,  may  be  used  for  other  than  park  purposes, 
and  to  thereupon  place  it  or  such  part  thereof  under  the  control  of  the  proper 
department,  board  or  office. 

>^  96  Issue  of  bonds  and  notes.  The  common  council  has  power  from  time 
to  time  to  borrow  money  for  city  purposes  and  to  cause  to  be  issued  therefor, 
in  amounts  designated  by  it,  notes  of  the  city  signed  as  directed  by  it  and  run- 


EDUCATION    CODE  363 

ninj:^  for  a  period  not  exceeding  eight  months,  and  bearing  interest  at  a  rate 
fixed  by  the  common  council,  or  at  its  option  by  competition,  not  exceeding  the 
legal  rate  of  interest  per  annum,  and  bonds  of  the  city,  signed  by  the  mayor 
and  treasurer,  sealed  with  the  corporate  seal  and  countersigned  by  the  comp- 
troller, and  at  the  option  of  the  common  council,  by  a  transfer  ::igent  designated 
by  it,  payable  and  transferable  at  such  places  as  the  common  council  may  desig- 
nate, running  for  a  period  or  different  periods  determined  by  the  common 
council  not  exceeding  thirty  years,  bearing  interest  at  a  rate  fixed  by  the  com- 
mon council  not  exceeding  the  legal  rate  of  interest  per  annum:  such  notes  and 
bonds  to  be  sold  under  the  direction  of  the  comptroller,  after  competition,  upon 
sealed  proposals,  at  not  less  than  par.  The  common  council  has  ])Ower  to  create 
a  sinking  fund  for  the  redemption  of  bonds  herein  authorized,  and  to  provide 
that  there  must  be  deposited  therein  annually  fixed  sums  or  percentages  of  the 
appropriations  or  revenues  of  the  department,  board,  bureau  or  office  for  the 
benefit  of  which  the  bonds  are  issued :  or  it  may  provide  that  a  certain  sum 
must  be  raised  annually  by  taxes  and  added  to  such  sinking  fund ;  or  it  may 
provide  other  means  of  paying  or  redeeming  the  bonds  at  maturity,  or  it  may 
redeem  the  same  by  the  issue  of  new  bonds ;  or  it  may  issue  the  same  without 
creating  a  sinking  fund,  or  making  other  provisions  for  the  redemption  thereof. 
The  provisions  of  any  general  law  or  special  law  do  not  apply  to  the  issuance 
and  sale  of  the  notes  and  bonds  herein  authorized.  (As  amended  by  L.  igio, 
ch.  2f,o;  L.  igi2,  ch.  f^f,.) 

§  105  Adoption  of  annual  estimate.  The  common  council  must,  as  soon  as 
possible,  after  receiving  the  annual  estimate,  convene  and  consider  the  same  and 
give  a  public  hearing  to  all  persons  wishing  to  be  heard  in  reference  thereto.  The 
common  council  must  not  increase  any  item  contained  therein,  but  has  power  to 
diminish  or  reject  any  item  contained  therein,  except  those  relating  to 
indebtedness,  judgments  or  estimated  revenues;  provided,  however,  that  the 
items  for  the  department  of  public  instruction  must  not  be  reduced  to  less  than 
a  sum  equal  to  twenty-five  dollars  per  capita,  based  on  the  total  number  of  persons 
enrolled  as  pupils  in  the  public  schools  for  the  year  ending  on  the  preceding  31st 
day  of  December.  After  the  public  hearing  and  within  thirty  days  after  the 
annual  estimate  has  been  submitted  to  it,  the  common  council  must  adopt  the  same 
as  submitted  or  as  amended  by  it,  and  enter  it  upon  its  minutes. 

§  142  Claims  against  city  must  be  audited.  Except  as  otherwise  provided 
in  this  act  in  relation  to  claims  for  damages  and  injuries,  all  claims  against  the 
city  must  be  presented  to  and  audited  by  the  comptroller  before  payment. 

§  143  Form  and  audit  of  claims.  Claims  must  be  filed  with  the  comptroller 
in  the  name  of  the  person,  firm  or  corporation  presenting  the  same,  in  the  form 
prescribed  by  the  comptroller,  verified  by  or  on  behalf  of  the  claimant  and  ap- 
proved by  the  head  of  the  department,  president  of  the  board,  judge  of  the  court, 
or  officer  whose  action  gave  rise  or  origin  to  the  claim ;     .     .     . 

§  156  High  school  sinking  fund.  The  high  school  sinking  fund  is  continued 
with  the  monevs  contained  therein.     There  must  be  added  thereto  each  year  until 


3^4  THE    UNIVERSITY   OF    THE    STATE    OF    NEW    YORK 

the  high  school  bonds  are  paid  and  redeemed  the  balance  remaining  unexpended  at 
the  end  of  the  fiscal  3xar  of  the  moneys  appropriated  for  the  department  of  public 
mstruction  and  of  school  moneys  appropriated  to  or  provided  for  the  city  of 
Rochester;  and  if  the  sum  so  unexpended  does  not  amount  to  thirty  thousand 
dollars  in  any  year,  then  the  treasurer  of  the  city  of  Rochester  must  transfer  to 
said  fund  from  the  moneys  appropriated  the  succeeding  fiscal  year  for  the  depart- 
ment of  public  instruction,  a  sum  which,  with  such  unexpended  balance,  will  equal 
the  sum  of  thirty  thousand  dollars. 

§  157  School  sinking  fund.  For  the  purpose  of  providing  a  school  sinking 
fund  to  pay  and  redeem  school  bonds  now  or  hereafter  issued,  authorized  by  chap- 
t^^  549  of  the  Laws  of  1906,  the  treasurer  must,  in  the  year  191 1  and  in  each  year 
thereafter  until  said  fund  contains  a  sum  sufficient  to  pay  and  redeem  such  bonds, 
take  from  the  moneys  appropriated  for  the  department  of  public  instruction,  the 
sum  of  twenty-five  thousand  dollars  and  credit  the  same  to  the  school  sinking 
fund. 

§  149  Management  of  teachers  retirement  fund.  The  comptroller,  under  the 
direction  of  the  board  of  trustees  of  the  teachers  retirement  fund,  has  the  invest- 
ment and  management  thereof,  and  may,  with  the  approval  of  the  board  of 
trustees,  invest  the  moneys  thereof  in  bonds  and  notes  of  the  city  and  other 
securities. 

>j  163  Custodian  of  pension  funds.  The  treasurer  is  the  custodian  of  the 
police  pension  fund,  fire  pension  fund,  and  teachers  retirement  fund ;  and  all 
pensions  granted  in  pursuance  of  the  provisions  of  this  act  and  payable  from  any 
of  said  funds  must  be  paid  out  on  a  check  or  draft  signed  by  the  treasurer  and 
countersigned  by  the  comptroller. 


ROME 

Chapter  650,  Laws  of  1904 
An  act  to  revise  the  charter  of  the  city  of  Rome 

TITLE    XIII 

THE  BOARD  OF  EDUCATIOX 

199  The  pubhc  schools  within  the  corporation  tax  district,  of  the  city,  as  now 
or  hereafter  constituted  and  bounded,  inckiding  all  the  territory  and  residents 
within  such  tax  district,  shall  constitute  one  union  free  school  district  and  be 
known  as  the  union  free  schools  of  the  city  of  Rome,  and  be  under  the  charge 
and  control  of  six  commissioners  of  schools,  who  shall  constitute  the  board  of 
education  thereof. 

200  The  schools,  territory  and  residents,  outside  said  corporation  tax  district 
shall  continue  to  be  or  become  independent  school  districts  to  be  managed  and 
controlled  according  to  the  Consolidated  School  Law  and  amendments,  supple- 
mental or  substituted  acts  thereto  and  thereof,  in  all  respects  as  in  towns,  and 
shall  be  subject  to  the  jurisdiction  of  and  have  the  same  relation  to  the  com- 
missioner of  schools  of  the  third  district  of  Oneida  county  and  the  Superintend- 
ent of  Public  Instruction  as  the  said  law  may  provide  or  require,  and  the  resi- 
dents of  said  district  arrange.  That  portion  of  the  said  city  lying  outside  of  said 
tax  district  and  which  now  is  a  part  of  said  union  free  school  district  shall  hence- 
forth become  a  part  of  such  independent  district. 

201  The  title  of  all  school  property,  real  and  personal,  in  such  tax  district, 
shall  be  vested  in  the  city. 

202  All  provisions  of  title  8  of  the  Consolidated  School  Law  and  all  those  of 
the  University  Law  of  the  State  now  in  force,  and  as  hereafter  amended  and  the 
substitutes  thereof,  and  the  powers,  duties  and  liabilities  therein,  relating  to  union 
free  school  districts  and  trustees,  shall  apply  to  said  city  schools  and  board  of 
education,  so  far  as  applicable  or  requisite  to  carry  out  the  purposes  hereof,  ex- 
cept as  herein  otherwise  provided  or  as  inconsistent  herewith.  Title  5  of  this 
act  not  inconsistent  with,  shall  be  applicable  to  this  title. 

203  The  present  board  of  education  shall  continue,  and  the  members  thereof, 
hold  for  the  respective  terms  as  now  classified  and  existing  to  which  they  were 
elected,  and  until  their  successors  are  elected  and  duly  qualified,  except  as  here- 
inafter mentioned. 

204  On  the  second  Tuesday  of  October  in  each  year,  or  if  that  day  shall  pass 
without  an  election,  on  such  subsequent  day  and  at  such  place  as  the  board  of 
education  shall  appoint  an  election  of  members  of  the  board  of  education  whose 
terms  will  in  that  year  expire,  shall  be  held  under  the  direction  of  the  members 
of  said  board  designated  by  the  board  and  by  the  votes  of  electors  of  said  district 
in  said  city  having  the  qualifications  of  voters  for  trustees  of  school  districts. 

[36.SI 


366  THE    UxXIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Two  poll  clerks  shall  be  appointed  by  said  board  to  register  at  such  election  the 
names  and  residents^  of  the  voters  voting  thereat.  The  polls  shall  be  kept  open 
during  the  hours  which  the  board  shall  prescribe  and  the  election  to  be  conducted 
in  the  same  manner  as  elections  for  trustees,  and  a  certificate  of  the  result  thereof 
shall  be  made  and  signed  by  the  members  of  the  board  presiding  thereat,  and  filed 
in  the  office  of  the  city  clerk.  At  every  such  election  two  members  of  the  board  of 
education  shall  be  chosen  for  the  term  of  three  years  from  the  second  Tuesday 
of  October,  on  which  the  terms  of  their  predecessors  expire.  Any  vacancy  exist- 
ing in  the  board  at  the  time  of  any  such  election  shall  be  filled  thereat  by  an 
election  for  the  unexpired  term.  Any  person  qualified  to  vote  at  such  election 
shall  be  qualified  to  become  a  member  of  such  board.  In  case  of  the  death  or 
resignation  of  any  member  of  said  board  the  vacancy  may  be  filled  by  the  board 
until  the  next  regular  school  election  and  until  his  successor  shall  qualify.  No 
person  shall  vote  at  any  such  election  of  members  .of  the  board  of  education, 
unless  a  resident  within  said  corporation  tax  district. 

205  The  board  of  education  shall  have  power  to  choose  a  superintendent  of 
schools,  whose  term  of  office  shall  be  one  year,  but  who  shall  be  subject  to  re- 
moval by  said  board  at  any  time  for  cause.  Such  superintendent  shall  be  paid 
such  compensation  and  perform  such  duties  as  the  board  may  prescribe. 

206  Detailed  estimates  of  the  amounts  so  required  to  be  raised  shall  be  fur- 
nished to  the  common  council  and  filed  with  the  city  clerk  as  in  section  148  of 
this  act  provided.     In  case  the  common  council  shall  ratify  the  estimates  of  ex- 
penditures so  submitted,  the  amount  of  such  estimates  shall  constitute  the  sum 
to  be  raised   for  the  school  board  by  taxation  for  the  current  fiscal  year ;    the 
common  council  may  modify  any  item  of  the  estimates  for  expenditures  so  sub- 
mitted, and  in  such  case  it  shall  be  the  duty  of  the  city  clerk  to  forthwith  certify 
to  the  president  of  the  board  of  education  such  modifications;  the  board  of  edu- 
cation shall  have  power  by  the  vote  of  two-thirds  of  all  the  members  thereof  at 
any  regular  or  special  meeting  called  for  that  purpose,  to  declare  by  resolution 
that  the  estimated  amounts  first  submitted  to  the  common  council,  or  a  less  sum, 
are  necessary  for  the  conduct  of  the  schools  for  the  current  year ;  and  it  shall 
be  the  duty  of  the  city  clerk  to  forthwith  certify  such  resolution  to  the  president 
of  the  common  council,  in  which  case  it  shall  be  the  duty  of  the  common  council 
to  raise  the  amounts  so  determined  for  the  purposes  of  the  public  schools.     In 
case  the  board  of  education  shall  fail  to  adopt  such  original  estimates,  or  a  less 
sum,  as  above  provided,  the  amounts  so  modified  by  the  common  council  shall 
constitute  the  amount  to  be  raised   for   school  purposes   for  the  current  year. 
Thereupon  the  same  shall  be  levied  and  collected  by  the  common  council  in  the 
same  manner  as  city  taxes  as  provided  in  this  act.     But  if  such  estimates  in  any 
year  shall  include  five  thousand  dollars  or  more  for  the  purchase,  erection,  en- 
largement, alteration  or  repair  of  any  grounds  or  buildings  or  either,  or  if  at  any 
time  during  the  year  such  board  of  education  may  deem  it  necessary  to  expend 
in  addition  to  the  amount  of  such  estimates  any  moneys  for  any  purpose  or  pur- 


'  So  in  the  original. 


EDUCATION    CODK  36/ 

poses,  the  board  of  education  may  propose  to  the  common  council  that  such 
amounts,  or  any  part  thereof,  as  it  may  propose  be  borrowed  upon  the  bonds 
of  said  union  free  school  district  of  the  city,  and  the  questions  of  the  raising  of 
said  amount  so  proposed  to  be  raised  shall  be  submitted  at  a  special  election  to  be 
called  therefor  by  the  board  of  education  to  the  taxpayers  of  the  city ;  the  said 
election  to  be  called  and  conducted  by  said  board  of  education  in  the  manner,  and 
to  follow,  so  far  as  applicable,  the  provisions  of  section  175  of  this  act  relative 
to  special  elections  for  extraordinary  expenditures,  excepting  that  in  case  bonds 
shall  be  issued  by  board  of  education  they  shall  be  the  bonds  of  such  union  free 
school  district,  of  the  city  of  Rome,  and  be  signed  by  the  president  of  the  board 
of  education  and  sealed  with  the  seal  of  said  board  for  the  principal  amount  so 
proposed  to  be  borrowed  by  bonds.  Except  as  above  provided  the  board  of 
education  shall  not  have  power  to  expend  any  money  in  addition  to  the  amount 
finally  determined,  as  aforesaid,  by  such  estimates  unless  authorized  so  to  do  by 
special  election  in  the  manner  herein  provided.  Nothing  in  this  act  shall  be 
deemed  to  restrict  the  power  of  the  board  of  education  to  expend  for  lawful  pur- 
poses of  said  schools  the  moneys  received  by  said  board,  of  the  city,  from  the 
State.  All  moneys  raised  by  taxes  and  received  from  all  other  sources  for  school 
purposes  shall  be  paid  to  the  city  treasurer  and  placed  in  a  separate  fund  to  be 
known  as  a  school  fund  and  used  only  for  sudh  purposes.  (As  amended  by  L. 
1905,  cli.  468.) 

§  207  Said  board  of  education  shall  yearly  and  whenever  required  so  to  do  b\- 
the  common  council,  make  and  deliver  to  the  common  council  a  detailed  statement 
showing  and  accounting  for  all  moneys  that  have  been  received  and  expended 
by  or  through  said  board  since  the  date  of  their  last  preceding  report  thereof 
to  the  common  council. 

ij  2g8  a  school  tax  of  the  city  of  Rome  for  school  purposes  within  the  corpora- 
tion tax  district  may  be  assessed  by  the  common  council  and  its  warrant  issued 
for  the  collection  of  same.  The  city  clerk  shall  make  out  the  assessment  roll 
and  apportion  the  tax  and  make  a  copy  thereof  for  the  city  treasurer,  and  all  the 
provisions  in  relation  to  the  assessment  and  collection  of  city  taxes,  and  the 
return  of  the  same,  shall  so  far  as  applicable,  apply  to  the  school  tax. 


SALAMANCA 

Chapter  507,  Laws  of  1913 
An  act  to  incorporate  the  city  of  Salamanca 

TITLE    XI 

DEPARTMENT  OF  PUBLIC  INSTRUCTION 
Section  127  City,  permanent  school  district 

128  Commissioners  of  education 

129  Succession  of  property  and    obligations 

130  Superintendent  of  schools 

131  General  powers  and  duties  of  president 

132  Clerk  and  his  general  duties 

133  General  powers  of  the  commissioners  of  education 

134  Powers  of  commissioners  of  education  to  raise  tax  for  support  of  schools 

135  Payment  of  funds  to  comptroller 

136  Powers  of  commissioners  of  education  to  purchase  sites  or  addition  to  any  site 

or  erect  or  enlarge  any  school  building 

137  Annual  report  of  commissioners  of  education 

138  State  Superintendent  of  Public  Instruction  to  apportion  State  moneys 

139  Common  council  shall  pass  ordinance  for  protection  of  school  property 

140  Charges  of  misconduct  or  neglect  of  duty  of  any  commissioner  of  education 

141  Report  of  superintendent  of  schools 

142  District  a  union  free  school  district 

Section  127  City,  permanent  school  district.  The  said  city  shall  form  a 
permanent  school  district  and  shall  not  be  subject  to  alteration  by  the  district 
superintendent  of  common  schools.  Said  school  district  shall  be  known  as  union 
free  school  district  number  4  of  the  city  of  Salamanca.  Such  district  shall  be 
entitled  to  all  the  rights,  powers,  privileges,  public  moneys  and  other  benefits 
conferred  upon  school  districts  by  law  or  other  State  authority,  and  shall,  except 
as  otherwise  provided  in  this  act,  be  subject  to  all  the  rules,  regulations,  powers 
of  inspection  and  superintendence  prescribed  by  law  applicable  to  school  districts 
in  cities. 

>j  I2(S  Commissioners  of  education.  The  affairs  of  said  school  district  of 
the  city  of  Salamanca  shall  be  managed  by  a  board  of  seven  members,  to  be 
elected  in  the  manner  provided  in  this  act,  which  board  shall  be  known  and  desig- 
nated as  the  "  commissioners  of  education  of  the  city  of  Salamanca."  Said 
board  and  its  successors  shall  possess  all  the  powers  conferred,  and  discharge  all 
the  duties  imposed  by  this  act,  or  by  any  general  law  of  this  State. 

>$  129  Succession  of  property  and  obligations.  The  title  to  all  the  real  estate 
and  personal  property  now  belonging  to  union  free  school  district  number  4 
and  school  district  number  5  of  the  town  of  Salamanca  and  school  district  num- 
ber I  of  the  town  of  Great  Valley,  or  so  much  thereof  as  may  be  included  within 
the  bounds  of  the  city  of  Salamanca,  and  equitably  proportioned  between  said 


EDUCATION    CODE  369 

city  and  said  school  districts  as  hereinafter  provided,  and  all  moneys  and  funds 
belonging  thereto,  and  so  proportioned,  shall  be  paid  over  and  delivered  to  the 
comptroller  of  said  city,  and  credited  by  him  to  the  school  fund  of  said  city. 
All  the  rights,  powers,  privileges,  contracts,  obligations  and  liabilities  of  said 
school  districts,  or  so  much  thereof  as  are  included  within  the  bounds  of  said 
city  and  which  may  be  equitably  proportioned  as  aforesaid,  are  hereby  transferred 
to,  vested  in,  and  imposed  upon  said  commissioners  of  education  of  the  city  of 
Salamanca  as  hereby  created,  and  the  rights  and  privileges  of  all  persons  that 
may  have  arisen  or  accrued  prior  to  the  passage  of  this  act  shall  remain  and  be 
enforced  by  and  against  said  commissioners  of  education  of  the  city  of  Sala- 
manca, and  its  successors  in  the  same  manner,  and  with  like  effect,  as  the  same 
might  have  been  enforced  by  and  against  the  board  of  education  of  union  free 
school  district  number  4  and  school  district  number  5  of  the  town  of  Salamanca 
and  school  district  number  i  of  the  town  of  Great  Valley,  if  this  act  had  not  been 
passed,  subject,  however,  to  the  equitable  proportionments  thereof  as  hereinafter 
provided,  and  subject  to  the  provisions  of  this  act. 

s^  130  Superintendent  of  schools.  The  said  commissioners  of  education,  not 
later  than  the  ist  of  May  subsequent  to  their  election,  and  in  each  year  there- 
after, shall  appoint  a  superintendent  of  schools  for  the  term  of  one  year;  such 
superintendent  shall  be  under  the  direction  of  the  said  commissioners  of  edu- 
cation, which  shall  prescribe  his  powers  and  duties ;  he  shall  be  paid  from  the 
teachers  fund  a  salary,  to  be  fixed  by  the  commissioners  of  education. 

§  131  General  powers  and  duties  of  president.  The  president  of  the  com- 
missioners of  education  shall  preside  over  meetings  of  the  board  when  present, 
and  perform  such  executive  acts  and  duties  as  is  required  by  this  act  and  general 
laws,  and  such  other  lawful  business  as  shall  be  given  him  or  her  in  charge  by 
said  board. 

>j  132  Clerk  and  his  general  duties.  The  city  clerk  shall  be  clerk  of  the 
commissioners  of  education,  and  shall  act  as  secretary  and  keep  the  minutes  of 
said  board,  and  shall  perform  such  other  duties  as  may  be  required  by  this  act 
and  the  general  school  laws  of  the  State,  and  such  other  duties  as  the  board 
may  prescribe. 

§  133  General  powers  of  the  commissioners  of  education.  Subject  to  the 
provisions  of  this  act  and  of  the  Education  Law.  the  commissioners  of  education 
of  the  city  of  Salamanca  shall  have  power  and  it  shall  be  its  duty : 

1  To  establish  and  organize  in  said  city  such  and  so  many  free  schools  as  said 
board  shall  deem  requisite  and  expedient,  and  to  change  or  discontinue  the  same 
at  its  discretion. 

2  To  alter,  improve  and  repair  schoolhouses  and  appurtenances,  as  it  may 
deem  advisable. 

3  To  i)urchase,  sell  or  exchange,  improve  and  repair  school  apparatus.  book>. 
furniture  and  appendages  and  to  defray  the  necessary  expenses  attending  the 
same. 

4  To   have   the   custody  and   safekeeping  of   the   school  buildings,   lots,   out- 


370  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

houses,  books,  furniture  and  appendages  and  to  see  that  the  ordinances  and  by- 
laws of  said  city  in  regard  thereto  are  enforced,  and  any  violation  thereof  pun- 
ished. 

5  To  contract  with  and  employ  all  necessary  teachers  for  the  schools  of  the 
city  under  such  con,ditions,  rules  and  regulations  as  may  be  established  by  the 
board,  provided  that  such  rules  and  regulations  are  in  accord  with  the  Education 
Law  of  the  State  and  the  rules  and  regulations  established  by  the  Department  of 
Public  Instruction  of  the  State. 

6  To  audit  the  salaries  of  superintendents  of  schools  and  teachers  which  shall 
be  paid  by  the  city  comptroller  from  the  school  fund  upon  the  order  of  the 
president  and  clerk  of  said  board. 

7  To  determine  the  necessary  expenses  of  the  board  and  district,  including 
the  wages  of  janitors  and  other  assistants  and  employees  and  incidental  expenses, 
which  shall  be  paid,  as  above  provided. 

8  To  audit  expenditure  of  all  moneys,  raised  by  virtue  of  this  act,  for  pur- 
chasing sites,  erecting  or  enlarging  schoolhouses,  or  for  other  purposes,  in  such 
a  manner  as  may  be  deemed  advisable,  but  only  for  the  purposes  for  which  the 
same  was  raised. 

9  To  take  and  appropriate  lands  and  other  real  property  within  said  city  for 
school  purposes,  upon  making  compensation  therefor  in  the  same  manner  and 
under  the  same  proceedings  as  prescribed  in  this  act,  and  as  conferred  upon  the 
board  of  public  works  for  opening  of  streets  and  highways. 

10  To  have,  to  the  exclusion  of  all  boards  and  officers,  except  the  Superintend- 
ent of  Public  Instruction  and  the  Regents  of  the  University  of  this  State,  the 
entire  supervision  and  management  of  the  schools  of  said  city :  from  time  to  time, 
to  adopt,  alter,  modify,  or  repeal,  as  it  may  deem  expedient,  rules  and  regula- 
tions for  its  organization,  government,  and  instruction  for  the  reception  of  pupils 
and  their  transfer  from  one  schoolroom  or  schoolhouse  to  another,  for  their 
advancement  from  class  to  class  as  their  degree  of  scholarship  shall  warrant,  and 
generally  to  promote  the  good  order,  efficiency  and  prosperity  of  all  the  schools  of 
the  city,  and  the  health  and  general  welfare  of  the  pupils. 

11  To  allow  the  children  or  persons  nonresident  to  attend  any  of  the  schools 
therein  under  the  control  of  the  said  board,  as  provided  by  the  Education  Law 
of  the  State. 

12  To  establish  and  maintain  a  city  school  library  and  provide  suitable  rooms 
tor  the  use  of  the  same ;  to  exercise  the  same  discretion  as  to  the  disposition  of 
the  moneys  provided  by  law  for  the  purchase  of  libraries  as  is  conferred  upon  the 
inhabitants  of  school  districts,  and  to  appoint  a  librarian  and  fix  his  compensation. 

13  Other  than  as  provided  by  this  act,  to  exercise  all  the  powers  conferred 
upon  the  inhabitants  of  school  districts  at  school  district  meetings. 

14  Other  than  as  provided  in  this  act,  to  exercise  all  the  powers  conferred  and 
all  the  duties  imposed  by  the  general  laws  of  the  State  applicable  to  boards  of 
education  in  cities.  The  records  of  the  proceedings  of  said  board,  or  a  transcript 
thereof,  certified  by  its  president  and  clerk,  shall  be  received  in  all  courts  or 
places  as  prima  facie  evidence  of  the  facts  therein  stated. 


EDUCATION    CODE  371 

§  134  Powers  of  commissioners  of  education  to  raise  tax  for  support  of 
schools.  On  or  before  the  15th  day  of  October  in  each  year,  the  said  com- 
missioners of  education  shall  prepare  a  statement  of  such  sums  of  money  as  it 
shall  deem  necessary  during  the  fiscal  year  commencing  with  the  ist  day  of 
January  next  ensuing  for  eacli  of  the  following  purposes : 

1  For  wages  of  superintendent  and  teachers,  after  applying  such  of  the  public 
school  and  other  moneys  as  may  be  applicable  thereto. 

2  For  the  maintenance  of  a  high  school,  if  one  shall  have  been  established, 
and  the  payment  of  the  teachers  thereof  after  applying  such  of  the  public  school 
and  other  moneys  as  may  be  applicable  thereto. 

3  For  the  repair  of  schoolhouses,  outhouses  and  grounds  with  the  appendages 
and  appurtenances. 

4  For  the  purchase,  repair  or  improvement  of  school  apparatus,  books,  furni- 
ture and  fixtures. 

5  For  the  purchase  of  fuel  and  lights  and  to  pay  contingent  expenses  of  the 
district,  including  the  salaries  of  janitors,  assistants,  employees  and  incidental 
expenses. 

Before  the  meeting  of  the  commissioners  of  education  at  which  aforesaid 
statement  is  prepared,  the  said  commissioners  of  education  shall  give  to  the 
mayor  official  notice  thereof  and  the  mayor  shall  attend  said  meeting  and  be 
accorded  the  right  of  inquiry  into  all  the  items  of  said  statement  and  all  the 
privileges  in  said  meeting  of  the  members  of  said  board,  except  the  privilege  of 
voting.  W'henever  the  commissioners  of  education  shall  finally  have  determined 
on  the  statement  of  expenses  itemized  as  heretofore  indicated,  it  shall  present 
the  same  to  the  mayor  or  acting  mayor  of  the  city  of  Salamanca.  If  the  mayor 
or  acting  mayor  approves  such  statement  he  shall  sign  it,  and  immediately  file  the 
same  with  the  city  clerk ;  if  he  does  not  approve  any  item  therein  he  shall  within 
ten  days  return  the  statement  with  his  objection  indorsed  thereon  or  annexed 
thereto  to  the  commissioners  of  education.  Said  board  shall  then  proceed  to 
reconsider  such  statement,  and  if  two-thirds  of  the  members  then  in  office  agree  to 
sustain  the  statement  as  made,  it  shall  stand  as  if  it  had  been  approved  by  the 
mayor,  and  shall  be  immediately  filed  with  the  city  clerk.  If  two-thirds  of  the 
members  of  said  board  do  not  agree  to  sustain  the  statement  as  made,  it  shall  be 
modified  so  as  to  conform  to  the  views  expressed  by  the  mayor  in  his  objection 
and  he  shall  then  sign  it  and  file  it  with  the  city  clerk.  When  such  statement  is 
filed  with  the  city  clerk  the  common  council  of  said  city  shall  include  in  the  annual 
tax  and  assessment  roll  for  that  year  the  amount  specified  in  said  statement  and 
the  same  shall  be  collected  by  the  city  comptroller,  who  shall  credit  the  same 
to  the  general  school  fund  of  the  commissioners  of  education. 

sj  135  Payment  of  funds  to  comptroller.  All  public  moneys  or  public  funds 
belonging  or  appropriated  to  the  use  of  said  school  district  number  4  of  the  city 
of  Salamanca,  shall  be  paid  to  the  comptroller  of  said  city,  who  shall  keep  the 
same  separate  from  the  general  funds  of  the  city  and  shall  credit  to  the  school 
fund  the  moneys  or  property  belonging  thereto.  The  commissioners  of  educa- 
tion shall  disburse,  after  due  audit,  all  the  school  funds  of  said  district  by  orders 


2,72  THE   UNIVERSITY   OF  THE   STATE  OF   NEW   YORK 

upon  the  comptroller  signed  by  the  president  and  clerk;  said  orders  shall  be 
numbered  consecutively  and  shall  specify  the  purpose  for  which  they  are  drawn 
and  the  person  to  whom  payable.  Upon  request  from  said  board,  the  comp- 
troller shall  certify,  from  time  to  time,  the  balance  remaining  to  be  collected  by  or 
paid  to  the  city  comptroller  for  school  purposes ;  it  shall  not  be  lawful  for  said 
comptroller  to  apply  such  moneys,  or  any  part  thereof,  to  any  other  purpose  or 
object. 

§  136  Powers  of  commissioners  of  education  to  purchase  sites,  or  addition 
to  any  site  or  erect  or  enlarge  any  school  building.  Whenever  the  commis- 
sioners of  education  shall  resolve  by  an  affirmative  vote  of  two-thirds  of  its 
members  that  it  is  necessary  to  purchase  a  site  or  addition  to  any  site,  or  erect 
any  school  building  or  enlarge  any  school  building  already  erected,  it  shall  specify 
in  such  resolution  the  ward  within  which  such  site  is  to  be  purchased  or  building 
erected  or  enlarged  and  the  particular  sum  required  for  each  separately.  The 
commissioners  of  education  shall  then  deliver  a  certified  copy  of  such  resolution 
to  the  mayor  who  shall,  within  thirty  days  of  the  receipt  of  such  resolution,  call 
a  special  election  of  the  electors  of  said  city  to  vote  for  or  against  such  appro- 
priations as  the  proposed  expenditures  will  impose.  Said  election  shall  be  con- 
ducted and  the  result  declared  and  certified  pursuant  to  the  provisions  and 
manner  prescribed  for  conducting  special  elections  provided  elsewhere  in  this 
act.  In  case  three-fifths  or  sixty  per  centum  or  more  of  the  votes  cast  be  in 
favor  of  any  said  appropriations,  the  common  council  shall  borrow  upon  the  faith 
and  credit  of  said  city,  the  aggregate  of  the  items  having  such  majority,  or  any 
part  thereof,  at  any  time  before  and  until  the  same  can  be  provided  for  according 
to  law.  The  common  council  shall  issue  bonds  or  other  evidence  of  indebtedness, 
in  such  forms  as  it  may  prescribe  at  an  annual  rate  of  interest  not  exceeding  five 
per  centum,  and  payable  at  such  times  and  in  such  amounts  as  the  common 
council  shall  determine.  Said  bonds  or  any  part  thereof  may  be  sold  by  the 
common  council  in  such  a  manner  as  it  may  deem  best,  but  at  not  less  than  the 
par  value  thereof.  The  commissioners  of  education,  after  completing  the  work 
or  other  objects  for  which  said  money  may  have  been  raised,  may  apply  any 
unexpended  balance  that  may  remain  to  any  object  authorized  or  contemplated 
by  this  act. 

>5  137  Annual  report  of  commissioners  of  education.  It  shall  be  the  duty 
of  the  commissioners  of  education,  on  or  before  the  loth  day  of  January  in  each 
year,  to  make  to  the  common  council  of  the  city  a  detailed  report  of  the  manner 
in  which  it  shall  have  expended  the  money  provided  for  and  appropriated  to 
school  purposes  from  any  source  during  the  last  fiscal  year  of  the  said  com- 
missioners of  education ;  and  such  report  shall  be  published  by  the  comnion 
council  in  connection  with,  and  as  a  part  of,  the  annual  report  of  the  financial 
transactions  of  the  city,  which  they  are  required  by  law  to  have  printed  and 
circulated. 

§  138  State  Superintendent  of  Public  Instruction  to  apportion  State 
moneys.     It  shall  be  the  duty  of  the  Superintendent  of  Public  Instruction  of 


EDUCATION    CODE  373 

this  State  to  apportion  for  the  use  of  the  said  commissioners  of  education  of  the 
city  of  Salamanca,  such  portions  of  the  school,  school  library  and  other  public 
money  as  it  shall  be  entitled  to  by  its  annual  report,  in  the  same  manner  in  which 
such  moneys  are  apportioned  to  cities,  and  the  amounts  to  which  it  shall  be  so 
entitled  shall  be  certified  to  the  county  treasurer  of  Cattaraugus  county.  The 
said  county  treasurer  of  Cattaraugus  county  shall  pay  over  to  the  city  comptroller 
of  the  city  of  Salamanca,  for  the  use  of  the  commissioners  of  education  of  said 
city,  such  proportion  of  the  school,  school  library  and  other  public  money  as  may 
be  apportioned  by  law  or  by  the  Superintendent  of  Public  Instruction  of  the 
State  to  the  commissioners  of  education  of  the  city  of  Salamanca  for  teachers' 
wages,  school  library  and  other  school  purposes. 

§  139  Common  council  shall  pass  ordinances  for  protection  of  school  prop- 
erty. The  common  council  of  the  city  of  Salamanca  shall  have  the  power,  and 
it  shall  be  its  duty,  to  pass  such  ordinances  and  by-laws  as  the  commissioners  of 
education  of  said  city  shall  report  necessary  for  protection,  safekeeping,  care 
and  preservation  of  the  school  buildings  and  other  school  property  of  said  district, 
and  to  impose  such  penalties  for  the  violation  of  the  same  as  it  shall  deem 
proper. 

>;  140  Charges  of  misconduct  or  neglect  of  duty  of  any  commissioner  of 
education.  Charges  of  misconduct,  or  violation  or  neglect  of  duty,  on  the  part 
of  any  member  of  the  commissioners  of  education,  may  be  presented  to  said 
board  by  any  member  thereof,  or  by  any  elector  of  the  city  of  Salamanca,  and 
such  charges  shall  be  duly  examined  by  such  board,  at  a  regular  or  special  meet- 
ing, of  which  the  accused  member  shall  have  at  least  five  days'  notice,  but  at 
which  meeting  said  accused  member  shall  not  be  entitled  to  vote.  If  at  such 
meeting,  after  hearing  the  evidence  on  both  sides,  said  board  shall  deem  the 
charges  against  the  member  sustained,  then  all  the  papers  and  documents  in 
the  case,  with  a  transcript  of  the  proceedings  of  the  meeting,  shall  be  transmitted 
by  the  clerk  of  the  commissioners  of  education  to  the  Superintendent  of  Public 
Instruction  of  the  State,  and  upon  his  approval  of  the  findings  of  the  board, 
the  accused  member  shall  be  removed  and  his  place  deemed  vacant.  All  va- 
cancies in  the  commissioners  of  education,  occasioned  by  the  resignation,  refusal 
to  serve,  death  or  removal  of  any  of  its  members,  shall  be  filled  for  the  unexpired 
term  by  appointment  by  the  mayor,  subject  to  confirmation  by  the  common 
council. 

ij  141  Report  of  superintendent  of  schools.  The  superintendent  of  schools 
of  the  city  of  Salamanca  shall  confer  with,  and  act  under  the  direction  of  the 
commissioners  of  education  of  said  city  in  the  performance  of  his  duties.  He 
shall,  subject  to  the  direction  of  said  board,  have  general  control  and  supervision 
of  the  public  schools  in  said  city  and  of  ;he  teachers  employed  therein  and  shall 
on  or  before  the  ist  day  of  July  in  each  year,  or  at  such  other  time  or  times, 
as  shall  be  required  by  said  board,  report  in  writing  to  the  commissioners  of  edu- 
cation on  the  following  subjects: 

I  The  whole  number  of  schools  within  the  jurisdiction  of  the  commissioners 
of  education,  their  cleanliness  and  their  sanitary  condition. 


374  THE   UMVERSITV  OF  THE   STATE  OF   NEW   YORK 

2  The  repairs  or  alterations,  if  any,  that  are  necessary  for  each  of  said 
schools. 

3  The  condition  of  the  school  furniture,  apparatus  and  books  in  the  several 
schools,  and  the  repairs  and  additions  thereto  that  may  be  necessary. 

4  The  number  of  teachers  employed  in  the  several  schools,  their  grade  of 
work,  and  their  efficiency,  with  suggestions  as  to  the  increase  or  decrease  in  the 
number  thereof. 

5  The  number  of  pupils  registered  at  each  school,  the  average  daily  attendance 
and  also  the  number  of  pupils  enrolled  in  each  grade  in  the  several  schools. 

6  Such  changes  in  the  organization  and  curriculum  of  any  or  all  of  the  schools 
as  he  may  deem  advisable. 

7  Such  other  information  in  relation  to  the  city  schools  as  may  be  of  interest 
to  the  people  of  Salamanca. 

§  142  District  a  union  free  school  district.  The  said  district  shall  be 
deemed  and  is  hereby  declared  to  be  a  union  free  school  district  under  the  laws 
of  this  State  relating  to  public  instruction.  All  provisions  of  law,  not  inconsistent 
with  the  provisions  of  this  act,  applicable  to  school  districts  whose  limits  correspond 
with  any  incorporated  city,  and  the  board  of  education  therein,  and  the  corporate 
authority  of  such  cities  are  made  applicable  to  the  school  district  hereby  estab- 
lished, and  to  the  commissioners  of  education  thereof  and  to  the  corporate  au- 
thorities of  the  city  of  Salamanca. 


SARATOGA  SPRINGS 

Chapter  229,  Laws  of  1915 
An  act  to  incorporate  the  city  of  Saratoga  Springs 
Section  120  The  pubHc  schools  within  the  inside  tax  district  shall  be  counted 
one  school  district.  Such  school  district  shall  be  governed  and  controlled  in  all 
respects  by  chapter  353  of  the  Laws  of  1862.  Such  district  shall  be  known  as 
■'  The  union  free  school  district  of  the  city  of  Saratoga  Springs  " ;  and  said 
school  district,  for  the  purposes  of  the  apportionment  and  distribution  of  school 
money  which,  from  any  source  collected  or  received,  shall  be  a  school  district 
under  the  general  school  laws  of  the  State.  The  board  of  education  of  said 
school  district  shall  certify  the  amount  or  amounts  needed  for  the  support  of  the 
schools  within  such  corporation  tax  district  in  the  same  manner  as  the  other 
departments  of  said  city  of  Saratoga  Springs.  The  school  districts  outside  of 
said  corporation  tax  district  shall  be  under  the  same  supervision  and  control  as 
the  other  common  schools  in  Saratoga  county,  and  they  shall  be  under  the  control 
of  the  general  school  laws  of  the  State  as  in  towns. 


Chapter  353,  Laws  of  1867 

An  act  to  consolidate  the  several  school  districts  and  parts  of  districts  within 

the  corporate  limits   of   the  village  of   Saratoga   Springs,  and  to  establish  a 

free  union  school  or  schools  therein 

Section  i  All  school  districts  or  parts  of  school  districts  within  the  corporate 
limits  of  the  village  of  Saratoga  Springs,  in  the  county  of  Saratoga,  are  hereby 
consolidated  into  one  school  district,  to  be  called  the  "  Union  free  school  district 
of  Saratoga  Springs,"  and  said  school  district,  for  the  purpose  of  the  appor- 
tionment and  distribution  of  school  money  which,  from  any  source  may  be 
collected  or  received,  shall  be  a  school  district  under  the  general  school  laws  of 
the  State. 

i:^  2  The  school  or  schools  in  said  school  district  shall  be  under  the  management 
and  control  of  nine  trustees,  being  taxable  inhabitants  of  said  district,  w*ho 
shall  be  denominated  "  The  board  of  education  of  the  union  free  school  of  the 
village  of  Saratoga  Springs " ;  and  said  board  is  hereby  constituted  a  body 
corporate,  with  all  the  powers  conferred  and  duties  enjoined  upon  them  by  this 
act,  and  shall  have  a  corporate  seal  such  as  said  board  may  designate.  The  first 
board  of  education  under  this  act  shall  be  constituted  as  follows:  Oliver  L. 
Barbour,  James  B.  McKean  and  John  Shipman,  as  trustees  of  the  first  class, 
whose  term  of  service  shall  expire  on  the  fourth  Tuesday  of  October,  1868; 
Joseph  A.  Shoudy,  Thomas  Flanigan  and  Aaron  Hill,  as  trustees  of  the  second 
class,  whose  term  of  service  shall  expire  on  the  fourth  Tuesday  of  October,  1869, 
John  W'oodbridge,  John  Palmer  and  Charles  S.  Lester  as  trustees  of  the  third 

1375] 


376  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

class,  whose  term  of  service  shall  expire  on  the  fourth  Tuesday  of  October, 
1870.  And  thereafter  the  term  of  service  of  the  class  which  has  served  the 
longest  period,  shall  expire  on  the  fourth  Tuesday  of  Oceober  in  each  year. 
The  trustees  of  the  village  of  Saratoga  Springs  shall  order  a  special  election, 
to  be  holden  on  the  second  Tuesday  of  October  in  each  year,  except  the  year 
1867,  at  one  of  the  schoolhouses,  under  the  inspection  of  said  trustees,  to  elect 
three  trustees  as  members  of  said  board  of  education,  at  which  election  any 
vacancies  that  may  have  occurred  during  the  year,  may  be  filled.  At  said  election 
the  polls  shall  be  open  from  ten  o'clock  a.  m.  until  four  o'clock  p.  m.  of  that  day, 
and  only  those  entitled  to  vote  at  the  ordinary  school  elections  shall  be  entitled 
to  vote.     (As  amended  by  L.  186/,  ch.  y8y.) 

§  3  The  board  of  education  above  named  shall  hold  its  first  meeting  within 
two  weeks  after  the  passage  of  this  act,  at  a  time  and  place  to  be  designated  by 
the  member  of  the  board  first  named  in  the  second  section  of  this  aot.  The 
members  of  the  board  shall  take  the  usual  oath  of  office,  and  shall  elect  a  president 
from  among  their  number,  who  shall  hold  his  ofiice  during  the  pleasure  of  the 
board.  No  member  of  the  board  shall  receive  compensation  for  any  official 
service,  nor  shall  he  be  interested,  directly  or  indirectly,  in  any  contract,  pur- 
chase or  expenditure  which  the  board  at  any  time  may  order. 

§  4  The  said  board  of  education  shall  meet  for  the  transaction  of  business 
as  often  as  one  in  each  month,  and  may  adjourn  for  any  shorter  time.  Special 
meetings  may  be  called  by  the  president,  or  in  case  of  his  absence  or  inabilit}-  to 
act,  by  any  member  of  the  board,  as  often  as  necessary,  by  giving  personal  notice 
to  each  member  of  the  board,  or  by  causing  a  written  or  printed  notice  to  be 
left  at  his  last  place  of  residence,  at  least  twenty-four  hours  previous  to  the 
hour  appointed  for  such  special  meeting. 

§  5  The  title  to  all  the  real  and  personal  estate  appertaining  to  the  schools 
heretofore  mentioned,  shall  be  vested  in  the  board  of  education,  and  the  same 
shall  not  be  subject  to  taxation  or  assessment  for  any  purpose  whatever. 

§  6  The  board  of  education  shall  have  power  and  is  hereby  directed : 

1  To  establish  and  organize  in  said  village  as  many  and  such  public  schools, 
with  graded  departments  (including  an  academical  department),  and  schools  for 
colored  children,  as  said  board  may  deem  requisite  and  expedient,  and  to  alter 
or  discontimie  the  same  at  its  discretion. 

2  To  rent  or  purchase  and  prepare  such  houses  or  rooms  as  may  be  found 
necessary  for  properly  conducting  such  schools,  but  no  entirely  new  structure 
designed  for  the  academical  department,  to  be  erected  until  after  the  expiration 
of  three  years  from  the  passage  of  this  act. 

3  To  purchase,  exchange,  improve  and  repair  any  school  apparatus,  books, 
furniture  or  appendages,  and  to  defray  the  expense  of  the  free  library. 

4  To  have  the  custody  and  safe-keq^ing  of  all  the  schoolhouses,  outhouses, 
books,  furniture  and  appurtenances,  and  to  see  that  all  the  village  ordinances 
and  rules  of  the  board  of  education  relative  thereto  are  observed. 

5  To  contract  with  and  employ  all  necessary  teachers,  subject  to  removal  at 
the  pleasure  of  the  board. 


EDUCATION    CODE  377 

6  To  provide  evening  school*^  for  the  benefit  of  those  whose  aj^^es  or  avocations 
are  such  as  to  prevent  their  attendance  upon  the  day  schools  estabhshed  under 
this  act. 

7  To  pay  the  wages  of  such  teachers  out  of  the  fund  appropriated  and  pro- 
vided by  law  for  this  purpose. 

8  To  defray  the  necessary  contingent  expenses  of  the  board,  including  the 
wages  of  janitors. 

9  To  expend  all  moneys  raised  in  accordance  with  this  act  for  buildings,  for 
the  purchase  of  grounds,  or  for  any  other  purposes  for  which  the  same  may  be 
recjuired,  in  such  manner  as  they  may  deem  proper. 

10  To  have  the  superintendence  and  management  of  the  common  schools  in 
said  village,  and,  from  time  to  time,  to  adopt,  alter,  modify  or  repeal,  as  they  may 
deem  expedient,  any  rules  or  regulations  for  the  organization,  government  and 
instruction  of  said  schools,  for  the  reception  of  pupils,  their  transfer  from  one 
department  to  another,  for  their  advancement  from  class  to  class,  as  their 
degree  of  scholarship  shall  warrant,  and  generally  for  the  promotion  of  the  good 
order,  prosperity  and  public  utility  of  said  schools :  and  if  at  any  time  an  academ- 
ical department  shall  be  established  by  said  board,  it  shall  be  entitled  to  its 
distributive  share  of  the  literature  fund,  in  like  manner  and  on  like  conditions 
with  the  academies  of  this  State  and  shall  be  subject  to  the  visitation  of  the 
Regents  of  the  University,  as  are  the  other  academies  of  the  State. 

1 1  To  sell  and  dispose  of  such  real  and  personal  property  as  may  become 
unnecessary  for  the  purpose  of  conducting  said  schools,  and  pay  over  and 
deliver  the  proceeds  of  any  such  sale  or  sales  to  the  treasurer  of  the  village  of 
Saratoga  Springs,  as  provided  by  section  8  of  this  act.  (Subd.  ii ;  as  added  by 
L.  i868,  ch.  630.) 

§  7  It  shall  be  the  duty  of  the  board  of  education,  on  or  before  the  ist  day 
of  April  in  each  year,  after  the  year  1867,  to  determine  and  certify  to  the  cor- 
porate authorities  of  the  village  of  Saratoga  Springs,  what  sums  are  necessary 
under  section  6  of  this  act,  exclusive  of  such  moneys  as  are  to  be  received  from 
public  funds.  These  sums  shall  be  raised  and  collected  at  the  same  time  and  in 
the  same  manner  as  other  village  taxes.  And  the  board  of  education  shall  have 
power  to  raise,  when  necessary,  by  loan,  in  anticipation  of  the  collection  of  such 
taxes,  any  sum  required  to  meet  the  ordinary  expenses  of  the  schools. 

§  8  The  treasurer  of  the  village  shall  take  charge  of  all  moneys  raised  pur- 
suant to  this  act  or  provided  for  the  board  of  education  from  any  source,  and  he 
shall  be  accountable  for  their  safe-keeping  in  the  same  manner  as  for  the  safe- 
keeping of  other  funds.  These  moneys  shall  be  paid  out  by  him  only  on  drafts 
drawn  by  the  president  of  the  board  of  education,  and  countersigned  by  the 
secretary,  in  pursuance  of  a  resolution  of  the  board  :  and  all  drafts  shall  be  made 
payable  to  the  order  of  the  person  or  persons  receiving  the  same. 

§  9  The  board  of  education  shall  elect  a  secretary,  who  shall  hold  oflice  during 
the  pleasure  of  the  board  ;  but  he  shall  not  be  removed,  except  for  ineFliciency  or 
misconduct,  without  six  months'  previous  notice.  The  board  shall  fix  his  salary, 
and  he  shall  be  the  superintendent  of  all  the  schools  under  the  care  of  the  board. 


;^yS  THE  UNIVERSITY  OF  THE  STATE  OF   NEW   YORK 

He  shall,  under  the  direction  of  the  board,  determine  the  course  of  studies  to  be 
pursued  in  the  different  schools  and  shall  himself  have  the  personal  superin- 
tendence of  the  highest  school  established. 

§  10  The  secretary  of  the  board  shall  report  to  the  board  of  education,  on  or 
before  the  ist  day  of  September  in  each  year,  the  condition  of  all  the  depart- 
ments in  the  schools,  with  the  number  in  attendance,  the  studies  pursued,  and 
whatever,  in  his  opinion,  may  be  needed  to  advance  the  interests  of  the  union 
free  school.  This  report  shall  also  state  the  number  of  children  within  the  limits 
of  the  districts  who  are  in  attendance  upon  private  schools  and  of  such  as  do  not 
attend  any  school.  The  secretary  shall,  on  or  before  the  ist  day  of  March  in 
each  year,  furnish  to  the  board  estimates  of  the  number  of  teachers  needed,  and 
of  the  ordinary  expenses  to  be  incurred,  for  the  year  following  said  date.  (As 
amended  by  L.  i88j,  ch.  j/j.) 

§  II  Each  member  of  said  board  shall  visit  all  the  schools  in  said  district,  at 
least  twice  in  each  year  of  his  official  term,  and  said  board  of  education  shall  pro- 
vide that  each  of  said  schools  shall  be  visited  by  a  committee  of  three  or  more  of 
their  number  at  least  once  in  each  term. 

§  12  The  said  board  of  education  shall  be  trustees  of  the  school  libraries  of 
said  district,  and  all  the  provisions  of  law  which  now  exist  or  hereafter  may  be 
passed  relative  to  s:hool-district  libraries  shall  apply  to  said  board  in  the  same 
manner  as  if  they  were  trustees  of  a  school  district  comprehending  said  village : 
they  shall  also  be  vested  with  the  same  discretion  as  to  the  disposition  of  moneys 
appropriated  by  the  laws  of  this  State  for  the  purchase  of  libraries  as  is  con- 
ferred by  said  law  on  the  inhabitants  of  school  districts.  It  shall  be  their  duty  to 
provide  rooms  for  such  libraries,  and  the  necessary  furniture  therefor.  The 
librarian  shall  report  to  the  board  the  condition  of  the  libraries  under  his  charge : 
and  the  said  board,  or  secretary,  under  the  direction  and  by  the  resolution  of  said 
board,  may  make  all  purchases  of  books  for  said  libraries,  and  may  direct  the 
mode  of  their  distribution ;  and  may  dispose  of  any  books  that  may  be  deemed 
useless,  applying  the  proceeds  to  the  purchase  of  new  ones. 

§  13  The  board  of  education  shall  have  power  to  take,  hold,  sell,  transfer  and 
convey  any  of  the  real  or  personal  estate  transferred  to  it  by  gift,  grant,  devise 
or  bequest  for  the  benefit  of  any  of  the  schools  under  its  control,  and  appropriate 
the  avails  in  scholarships  or  prizes,  or  in  such  other  manner  as  the  donor  may 
designate. 

§  14  The  clerk  of  the  village  shall  notify  any  person  elected  a  member  of  the 
board  of  education,  within  ten  days  thereafter,  of  his  election,  and  the  secretary 
of  the  board  shall  notify  him  of  the  time  and  place  of  the  meeting,  at  which  he 
shall  take  his  place  as  a  member  of  said  board. 

§  15  The  board  shall  have  power  to  charge  a  tuition  fee  for  all  pupils  at- 
tending the  high  school,  but  such  fees  shall  not  exceed  the  sum  of  five  dollars  per 
term  for  each  pupil  residing  in  the  district ; '  but  the  board  may  determine  the 
amount  of  tuition  fee  for  pupils  not  belonging  to  the  district,  in  attendance  upon 
any  of  the  schools. 


'  L.  1867,  ch.  406,  §  26,  abolished  all  rate  bills  for  teachers'  wages. 


EDUCATION    CODE  379 

§  i6  The  board  shall  cause  to  be  prepared  and  presented  to  the  trustees  of  the 
village,  and  published  in  the  newspapers  in  the  district,  at  such  time  as  they  may 
direct,  a  full  annual  report,  stating: 

1  What  schools  have  been  kept  during  the  year,  and  for  v^hat  time. 

2  The  number  of  children  on  the  roll  of  each  school,  and  the  average  at- 
tendance of  each  ;  and  the  number  of  children  in  the  district  between  the  ages  of 
four  years  and  twenty-one  years. 

3  The  amount  of  school  moneys  received  by  the  treasurer,  from  what  sources, 
and  for  what  purposes  expended. 

§  17  The  trustees  of  the  village  of  Saratoga  Springs  are  hereby  directed  and 
empowered,  and  it  shall  be  their  duty,  to  raise  and  collect  by  tax,  in  the  same 
manner  as  other  taxes  are  collected,  such  sums  as  the  board  of  education  hereby 
established  shall  deem  needful  in  order  to  organize  and  carr\-  on  the  scliools  of  the 
district  until  the  time  named  in  section  7  of  this  act. 

§  18  The  board  of  education  shall  meet  all  liabilities  of  the  trustees  of  school 
districts  numbers  i,  2,  8  and  9,  in  the  town  of  Saratoga  Springs,  and  shall  suc- 
ceed to  all  their  rights  and  rights  of  action,  and  nothing  in  this  act  shall  impair 
their  contracts  or  interfere  with  or  prevent  the  collection  of  such  tax  or  rate  bill 
as  at  the  time  of  the  passage  of  this  act  w^as  in  the  hands  of  the  collector  for 
collection. 

§   19  This  act  shall  take  effect  immediately. 


Chapter  787,  Laws  of  1867 

An  act  to  amend  an  act  entitled  "An  act  to  consolidate  the  several  school-districts 
and  parts  of  districts  within  the  corporate  limits  of  the  village  of  Saratoga 
Springs,  and  to  establish  a  free  union  school  or  schools  therein  " 
§  2  A  majority  of  the  trustees  constituting  the  board  of  education  shall  con- 
stitute a  quorum  for  the  purpose  of  organization  or  the  transaction  of  any  busi- 
ness at  any  of  the  regular  meetings  of  the  said  board,  and  at  any  special  meeting 
when  all  the  trustees  have  been  notified  as  required  by  said  act. 


Chapter  630,  Laws  of  1868 
An  act  to  amend  an  act  entitled  '"An  act  to  consolidate  the  several  school  dis- 
tricts and  parts  of   districts  within   the   corporate  limits  of   the  village  of 
Saratoga  Springs,  and  to  establish  a  Free  Union  School  or  schools  therein," 
passed  April  12,  1867 
§  2  The  board  of  education  shall  have  power  to  fill  any  vacancies  which  may 
exist  or  occur  by  reason  of  the  death,  resignation,  removal  or  refusal  to  act,  of 
any  member  of  said  board  appointed  or  elected,  and  the  person  and  persons  so 
appointed  shall  hold  such  office  until  the  first  election  succeeding  such  appoint- 
ment, when  such  vacancy  shall  be  filled  by  election  in  the  manner  provided  by 
section  two  of  said  act. 


SCHENECTADY 

Chapter  481,  Laws  of  1908 
An  act  to  provide  for  a  department  of  public  instruction  in  the  city  of 

Schenectady 

Section  i  Department  of  public  instruction  established 

2  Appointment  of  president  and  superintendent,  et  cetera 

3  General  powers  and  duties 

4  Superintendent  of  schools 

5  Powers  and  duties  of  superintendent 

6  Appointment  of  assistant  teachers ;  terms  of  principals 

7  School  buildings,  repairs,  sale  and  erection  of 

8  Public  school  moneys 

9  Termination  of  terms  of  present  commissioners 
10  Laws  repealed 

Section  i  Department  of  public  instruction  established.  A  department  of 
public  instruction  in  and  for  the  city  of  Schenectady  is  hereby  established.  There 
shall  be  a  board  of  education,  composed  of  five  members,  to  be  called  commis- 
sioners of  education,  who  shall  be  appointed  as  hereinafter  provided,  which  board 
shall  be  the  head  of  the  department  of  public  instruction.  They  must  have  been 
electors  of  the  city  for  a  period  of  at  least  five  years  immediately  preceding  the 
date  of  appointment.  Within  ten  days  after  the  passage  of  this  act,  the  mayor 
shall  appoint  two  commissioners  to  serve  until  March  i,  1909,  and  three  com- 
missioners to  serve  until  ]\Iarch  i,  1910.  In  the  month  of  February  of  each  year 
preceding  tlie  expiration  of  the  term  of  office  of  any  such  commissioner,  the  mayor 
shall  appoint  a  successor  to  hold  office  for  a  term  of  two  years  from  and  including 
the  ist  day  of  March  of  the  year  in  which  he  is  appointed.  In  the  case  of  a 
vacancy  in  the  office  of  commissioner,  the  mayor  shall  fill  the  vacancy  by  the  ap- 
pointment of  a  commissioner  for  the  remainder  of  the  term.  The  commissioners 
shall  serve  without  pay. 

§  2  Appointment  of  president  and  superintendent,  et  cetera.  The  board 
shall  appoint  one  of  its  members  president,  who  shall  exercise  all  the  powers 
usually  incident  to  such  office.  It  shall  also  appoint  a  suitable  person  other  than  a 
member  thereof,  superintendent  of  schools  in  the  city,  who  shall  exercise  the 
powers  and  discharge  the  duties  hereinafter  defined,  and  shall  be  allowed  such, 
compensation  for  his  services  as  the  board  of  estimate  and  apportionment  may 
at  any  time  determine.  It  shall  also  appoint  from  time  to  time  such  other  em- 
ployees including  teachers  and  attendance  officers  as  the  school  system  may  re- 
quire, except  that  the  janitors  of  all  the  school  buildings  shall  be  appointed 
by  the  commissioner  of  public  works,  and  such  janitors  shall  be  subject  to  his 
immediate  direction  and  control ;  the  amount  of  their  compensation  shall  be 
fixed  by  the  board  of  estimate  and  apportionment.     It  has  the  care,  custody  and 

[380] 


EDUCATION    CODE  38 1 

safekeeping  of  all  school  property,  real  and  personal,  except  as  hereinafter  pro- 
vided ;  and  shall  make  rules  and  regulations  for  the  government  of  the  schools 
and  its  em])loyees  except  as  to  janitors  and  as  hereinafter  provided:  prescribe 
courses  of  study  and  textbooks;  supply  the  requisite  stationery  for  the  use  of 
indigent  pupils ;  provide  the  several  schools  with  the  necessary  school  apparatus, 
maps  and  music  books,  the  expense  thereof  to  be  defrayed  out  of  the  school 
moneys  of  the  city.  No  member  of  the  board  shall  be  eligible  to  appointment  or 
employment  by  the  board. 

S  3  General  powers  and  duties.  The  board  has  all  the  powers  and  is  charged 
with  all  the  duties  of  commissioners  of  common  schools,  and  of  trustees  of  the 
several  school  districts  in  this  State,  under  the  general  statutes  relating  to  com- 
mon schools,  so  far  as  such  powers  and  duties  can  be  made  applicable  to  the 
schools  herein  provided  for,  and  are  not  inconsistent  with  the  provisions  of  this 
act  and  of  chapter  473  of  the  Laws  of  1906. 

?j  4  Superintendent  of  schools.  The  superintendent  of  schools  shall  hold 
office  during  the  pleasure  of  the  board.  Any  person  may  prefer  charges  in 
writing  of  incompetency,  maladministration  or  misconduct  in  office  against  the 
superintendent,  and  thereupon  the  board  shall  proceed  to  hear  the  charges,  and 
in  case  the  same  shall  be  sustained  by  the  affirmative  votes  of  a  majority  thereof 
the  superintendent  shall  be  dismissed  from  his  office. 

.:j  5  Povv^ers  and  duties  of  superintendent.  The  superintendent  has  power 
and  it  is  his  duty  to  see  that  all  rules  and  regulations  of  the  board  are  complied 
with  by  the  principals  and  teachers ;  to  determine  the  different  grades  of  study 
which  shall  be  pursued  in  the  various  departments  of  the  several  schools ;  to 
transfer  teachers  from  one  school  to  another,  or  from  one  grade  to  another : 
to  suspend  any  teacher  temporarily  for  cause,  provided,  however,  that  the 
reasons  for  such  suspension  shall  be  immediately  transmitted  to  the  board  in 
writing ;  to  transfer  pupils  from  one  school  to  another ;  to  prescribe  rules  and 
regulations  for  the  admission,  examination  and  promotion  of  pupils;  and  he  shall 
have  charge  of  the  school  libraries. 

;^  6  AptDointment  of  assistant  teachers;  terms  of  principals.  All  assistant 
teachers  shall  be  appointed  for  a  probationary  period  of  one  year,  at  the  expira- 
tion of  which  term,  unless  satisfactory  evidence  of  incompetency  is  submitted 
by  the  snj)erintendent,  the  probationer  may  be  elected  by  the  board.  Thereafter 
such  teacher  shall  hold  the  position  during  good  behavior  and  shall  be  remov- 
able only  for  cause,  after  a  hearing,  by  the  affirmati\e  votes  of  a  majority  of  the 
board.  All  probationary  appointments  shall  be  made  from  the  head  of  a  merit 
list,  upon  which  the  names  of  all  eligible  candidates  for  appointment  as  assistant 
teachers  shall  appear  in  the  order  of  their  rank  in  scholarship  and  qualifications 
for  teaching :  and  it  shall  be  the  duty  of  the  board  to  prescribe  by  rules  not  in- 
consistent with  the  laws  of  the  State  the  means  of  determining  such  rank  in 
scholarship  and  qualifications.  All  principals  shall  hold  their  positions  during 
good  behavior  and  shall  be  removable  only  for  cause,  after  a  hearing,  by  the 
affirmative  votes  of  at  least  a  majority  of  the  board. 


382  THE   UNIVERSITY   OF  THE  STATE  OF   NEW   YORK 

§  7  School  buildings,  repairs,  sale  and  erection  of.  Whenever  in  the  opinion 
of  the  commissioner  of  pubhc  works  any  repairs  are  needed  to  the  public  school 
buildings  in  the  city,  the  commissioner  of  public  works  shall  make  such  repairs. 
The  board  of  education  shall  recommend  to  the  common  council,  when  in  its 
opinion  the  public  interests  require,  the  sale  of  any  schoolhouse,  the  purchase  or 
lease  of  any  land  or  building  for  a  schoolhouse,  and  when  authorized  thereto  by 
an  ordinance  of  the  common  council,  the  board  of  contract  and  supply  may  make 
such  sale,  purchase  or  lease  in  the  manner  as  provided  for  by  chapter  473  of  the 
Laws  of  1906 :  and  it  may  recommend  to  the  common  council  the  erection  of  any 
school  building:  and  when  authorized  thereto  by  an  ordinance  of  the  common 
council,  the  board  of  contract  and  supply  may  erect  such  buildings  in  the  manner 
and  upon  the  conditions  prescribed  in  chapter  473  of  the  Laws  of  1906. 

§  8  Public  school  moneys.  All  public  money  apportioned  or  appropriated 
to  or  for  the  city,  or  to  or  for  any  of  the  school  districts  therein,  or  for  the 
school  libraries,  shall  be  paid  by  the  proper  officers  to  the  treasurer,  and  in  the 
accounts  kept  by  him  shall  be  credited  to  the  department  of  public  instruction  and 
paid  out  by  him  upon  bills  properly  allowed  and  audited  in  the  same  manner 
as  obtains  in  the  case  of  other  bills  against  the  city. 

§  9  Termination  of  terms  of  present  commissioners.  Upon  the  taking  effect 
of  this  act  the  rights,  duties,  powers  and  terms  of  office  of  the  commissioners 
of  common  schools  in  office  when  this  act  takes  effect  shall  cease  and  terminate. 

§  10  Laws  repealed.  All  acts  or  parts  of  acts,  general  or  special,  inconsistent 
with  the  provisions  of  this  act  are  hereby  repealed,  but  such  repeal  shall  not 
affect  any  right  already  existing  or  accrued,  or  any  liability  incurred  prior  to  the 
passage  of  this  act. 

§  II  This  act  shall  take  effect  immediately. 

Chapter  306,  Laws  of  1907  * 

An  act  to  establish  a  retirement  fund  for  the  pensioning  of  retired  school  teachers, 
superintendents,  supervisors  and  heads  of  high  school  departments  of  the 
public  schools  of  the  city  of  Schenectady,  and  to  regulate  the  collection,  manage- 
ment and  disbursement  thereof 

Section  i  The  mayor,  the  president  of  the  board  of  education  and  the  comp- 
troller shall  constitute  a  board  of  trustees  who  shall  have  the  general  care  and 
management  of  the  public  school  teachers  retirement  fund  created  by  this  act. 
The  said  board  of  trustees  is  empowered  to  make  payment  from  said  fund  of  the 
annuities  granted  in  pursuance  of  this  act :  to  take  all  necessary  and  proper  action 
in  the  premises :  and  to  make  such  by-laws,  rules  and  regulations  as  may  be  neces- 
sary or  proper,  and  to  provide  for  the  administration  and  investment  of  said  fund 
as  it  may  deem  best,  except  that  no  part  of  said  fund  shall  be  invested  in  any 

'The  teachers  of  this  city  have  abandoned  the  local  retirement  act  and  have  come  under 
the  general  law  relating  to  the  retirement  of  teachers  pursuant  to  section  iicxyb  of  the 
Education  Law.  The  act  has  not  been  specifically  repealed  but  by  the  action  of  the 
teachers  of  this  city  it  has  been  superseded  by  the  general  law. 


EDUCATION    CODE  383 

manner  except  as  the  savings  banks  of  the  State  are  by  law  permitted  to  invest 
their  funds.     (As  anicndcd  by  L.  IQ08,  ch.  116.) 

§  2  The  public  school  teachers  retirement  fund  created  by  this  act  shall  con- 
sist of  the  following  moneys  with  interest  or  income  therefrom,  to  wit : 

a  All  donations,  legacies  and  gifts  which  shall  be  made  to  said  fund. 

h  One  and  one-half  per  centum  per  annum  of  the  respective  salaries  paid  to 
the  superintendent  of  schools,  principals,  supervisors,  heads  of  high  school  de- 
partments and  teachers  regularly  employed  in  the  public  schools  of  Schenectady, 
who  shall  within  twelve  months  after  the  date  of  their  appointment,  or  before 
May  6.  1908,  as  the  case  may  be.  signify  to  the  board  of  trustees  that  they  desire 
to  come  under  the  provisions  of  this  act,  provided  that  the  amount  deducted  from 
any  one  salary  shall  not  exceed  one  per  centum  of  twelve  hundred  dollars  in  any 
one  year. 

c  A  sum  annually  consisting  of  one  and  one-half  per  centum  of  the  payroll  of 
the  superintendent  of  schools,  principals,  supervisors,  heads  of  high  school  de- 
partments and  teachers. 

d  All  moneys  which  may  be  obtained  from  other  sources  or  by  other  means 
duly  and  legally  devised  for  the  increase  of  said  fund  by  the  board  of  trustees  or 
with  their  consent.     {As  amended  by  L.  ipo8,  ch.  116.) 

§  3  The  board  of  education  in  making  the  payrolls  for  the  superintendent, 
principals,  supervisors,  heads  of  high  school  departments  and  teachers  herein- 
before mentioned  shall  deduct  from  the  salary  of  each  of  said  persons,  who  shall 
have  signified  their  intention  to  become  beneficiaries  under  this  act,  a  sum  equal 
to  one  and  one-half  per  centum  of  his  or  her  annual  salary,  and  shall  certify  the 
amount  of  such  deduction  and  the  names  of  the  persons  from  whose  salaries  such 
deductions  have  been  made,  and  such  certificate  shall  accompany  the  payroll  and 
a  warrant  for  the  amount  of  the  deduction  so  certified  shall  be  drawn  upon  the 
treasurer  payable  to  the  city  comptroller  and  such  amount  shall  be  paid  into  the 
retirement  fund  and  duly  credited  thereto  by  the  comptroller.  There  shall  also  be 
a  warrant  drawn  against  the  treasurer  of  the  city  of  Schenectady  for  a  sum  equal 
in  amount  to  one  and  one-half  per  centum  of  the  payroll  of  the  superintendent  of 
schools,  principals,  supervisors,  heads  of  high  school  departments  and  teachers, 
from  January  i,  1908,  and  yearly  thereafter  to  be  paid  from  the  excise  money  to 
which  the  city  of  Schenectady  may  be  entitled  by  virtue  of  the  provisions  of  the 
liquor  tax  law  of  the  State  of  New  York,  payable  to  the  city  comptroller,  who 
shall  deposit  said  sum  with  the  city  treasurer,  who  shall  retain  the  same  subject 
to  the  disposal  of  said  board  of  trustees  as  hereinbefore  provided.  {As  amended 
by  L.  1908,  ch.  116.) 

§  4  The  comptroller  of  said  city  shall  be  the  custodian  of  said  fund  and  all 
orders  made  payable  from  this  fund  shall  be  made  upon  the  vote  of  said  board  of 
trustees.     {As  amended  by  L.  1908,  ch.  116.) 

g  5  If  the  board  of  education  of  the  city  of  Schenectady  shall  on  recommenda- 
tion of  the  superintendent  of  schools  retire  from  service  or  refuse  to  reappoint 
to  service  because  of  mental  or  physical  incapacity,  any  principal,  supervisor,  head 


384  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

of  high  school  department  or  teacher  who  having  become  a  contributor  to  this 
fund  shall  have  served  in  such  capacity  or  capacities  for  an  aggregate  period  of 
twenty  years,  if  a  female,  and  twenty-five  years,  if  a  male,  any  person  so  retired 
or  refused  reappointment  shall  become  an  annuitant  under  this  act,  provided  that 
not  less  than  fifteen  years  of  such  service  shall  have  been  rendered  in  the  public 
schools  of  Schenectady,  or  in  the  territory  annexed  thereto  by  the  legislative  act 
of  1903,  and  provided  that  he  or  she  shall  have  come  under  the  provisions  of  this 
act  in  the  manner  and  within  the  time  hereinbefore  mentioned. 

b  Any  superintendent,  principal,  supervisor,  head  of  high  school  department  or 
teacher  who  shall  have  served  in  such  capacity  or  capacities  for  a  period  of  thirty 
years  if  a  female,  or  thirty-five  years  if  a  male,  may  with  the  consent  of  the  board 
of  education  retire  from  service  and  become  an  annuitant  under  this  act,  pro- 
vided that  not  less  than  fifteen  years  of  such  service  shall  have  been  performed 
in  the  public  schools  of  the  city  of  Schenectady,  or  in  the  territory  annexed 
thereto  by  the  legislative  act  of  1903,  and  provided  that  he  or  she  shall  have  come 
under  the  provisions  of  this  act  in  the  manner  and  within  the  time  hereinbefore 
mentioned.  Any  female  person  retired  after  twenty  years  of  service  but  with 
less  than  thirty  years  of  service,  shall  receive  an  annuity  which  shall  bear  the 
same  ratio  to  the  annuity  provided  on  retirement  after  thirty  years  of  service  as 
the  total  number  of  years  of  service  of  such  person  bears  to  thirty  years.  Any 
male  person  retired  after  twenty-five  years  of  service  but  with  less  than  thirty- 
five  years  of  service  shall  receive  an  annuity  which  shall  bear  the  same  ratio  to 
the  annuity  provided  on  retirement  after  thirty-five  years  of  service  as  the  total 
number  of  years  of  service  of  such  person  bears  to  thirty-five  years. 

c  Any  teacher  who  has  been  dismissed  by  the  board  of  education  for  cause 
shall  not  become  an  annuitant  under  this  act. 

§  6  Annuities  paid  in  pursuance  of  this  act  shall  be  one-half  the  amount  o( 
the  annual  salary  of  the  annuitant  at  the  time  of  retirement  from  service,  except 
that  no  annuity  shall  amount  to  less  than  three  hundred  and  fifty  dollars  nor 
more  than  four  hundred  and  fifty  dollars  annually,  but  if  the  moneys  at  the  dis- 
posal of  the  trustees  of  said  fund  be  found  at  any  time  inadequate  to  fully  carry 
out  the  provisions  hereinabove  mentioned,  the  trustees  shall  then  cause  to  be 
distributed  such  moneys  pro  rata  to  the  persons  entitled  to  participate  in  said 
fund  and  such  distribution  shall  be  in  full  of  all  annuities  then  due.  {As  amended 
by  L.  ipo8,  ch.  116.) 

§  7  No  person  shall  become  an  annuitant  under  this  act  who  has  not  con- 
tributed to  the  teachers  retirement  fund  in  pursuance  of  subdivision  3  of  this  act, 
an  amount  e(|ual  to  at  least  forty  per  centum  of  his  or  her  annual  salary  at  the 
time  of  retirement,  provided  that  this  payment  shall  in  no  case  exceed  forty  per 
centum  of  twelve  hundred  dollars ;  but  any  person  who  has  been  a  superintendent, 
principal,  supervisor,  head  of  high  school  department  or  teacher  in  the  public 
schools  of  Schenectady,  for  the  time  specified  in  this  act  may  become  an  annuitant 
by  making,  before  receiving  any  annuity,  a  cash  payment  to  the  retirement  fund 


EDUCATION    CODE  385 

of  such  an  amount  as  his  or  her  contribution  under  section  number  2-b  may  have 
fallen  short  of  the  required  forty  per  centum. 

§  8  No  annuity  shall  be  paid  from  the  teachers  retirement  fund  before  Septem- 
ber, 1907,  but  any  person  duly  qualified  who  shall  have  retired  from  service  be- 
fore that  time  shall  not  be  deemed  to  have  forfeited  the  right  to  become  an 
annuitant  under  the  provisions  of  this  act. 

§  9  If  at  any  time  a  superintendent,  principal,  supervisor,  head  of  high  school 
department  or  teacher  who  shall  be  willing  to  continue  service  in  the  public  service 
in  the  public  schools  at  Schenectady,  shall  not  be  reemployed  or  shall  be  dis- 
charged before  the  time  when  he  or  she  would  under  the  provisions  of  this  act  be 
entitled  to  an  annuity,  then  such  person  shall  be  paid  back,  without  interest, 
seventy-five  per  centum  of  the  money  which  may  have  been  deducted  from  his  or 
her  salary  in  pursuance  of  this  act. 

§   10  The  comptroller  shall  include  in  his  annual  report  a  full  account  of  the 
condition  of  the  teachers  retirement  fund,  its  amount,  the  manner  of  its  invest- 
ment, and  all  receipts  and  disbursements  on  account  of  said  fund  during  the  year. 
(As  amended  by  L.  ipo8,  ch.  ii6.) 
13 


SYRACUSE 

Chaper  543,  Laws  of  1907 
An    act   to   provide    for   a   department   of   public   instruction    in   the   city   of 

Syracuse 

Section     i  Department  of  public  instruction  established 

2  Officers  and  subordinates 

3  Official  undertakings 

4  Powers  and  duties  of  the  board 

5  Superintendent  of  schools ;  duties 

6  Clerk ;  duties 

7  Superintendent  of  repairs  ;  duties 

8  Regulation  of  salaries 

9  School  libraries 

10  Appointment  and  qualifications  of  principals  and  teachers 

11  Textbooks 

12  State  school  money 

13  School  buildings 

14  Construction  of  act 

15  Saving  clause 

16  Construction  of  provisions 

17  Laws  repealed 

Section  i  Department  of  public  instruction  established.  A  department  of 
public  instruction  in  and  for  the  city  of  Syracuse  is  hereby  established.  There 
shall  be  a  board  of  education,  composed  of  seven  members,  to  be  called  com- 
missioners of  education,  who  shall  be  elected  by  the  electors  of  the  city  at  large. 
Said  board  shall  be  the  head  of  the  department  of  public  instruction,  and  the 
representative  of  the  school  system  of  the  city  in  its  entirety.  The  terms  of 
said  commissioners  shall  be  four  years,  to  commence  January  ist  following  their 
election.  The  first  commissioners  of  education  shall  be  those  holding  office  at 
the  time  this  act  takes  efifect,  and  who  shall  continue  to  hold  their  offices  until 
the  expiration  of  the  terms  for  which  they  were  severally  elected.  Their  suc- 
cessors shall  be  elected  at  the  biennial  city  election  next  preceding  the  expiration 
of  their  respective  terms  of  office,  in  the  same  manner  as  other  city  officers.  Said 
commissioners  shall  serve  without  compensation. 

§  2  Officers  and  subordinates.  The  board  shall  appoint  one  of  its  members 
president,  who  shall  exercise  all  of  the  i)Owers  usually  incident  to  such  office.  It 
shall  appoint,  to  hold  office  for  a  term  of  four  years,  unless  sooner  removed,  a 
clerk  who  shall  perform  the  duties  hereinafter  specified  and  shall  receive  such 
compensation  for  his  services  as  shall  be  determined  by  the  board  of  estimate  and 
apportionment.  It  shall  also  appoint  to  hold  office  for  a  term  of  four  years,  unless 
sooner  removed,  a  suitable  person,  to  be  superintendent  of  schools,  who  shall 
exercise  the  powers  and  discharge  the  duties  hereinafter  defined,  and  shall 
receive  such  compensation  for  his  service  as  the  board  of  estimate  and  apportion- 

[386] 


L 


EDUCATION    CODE  387 

ment  may  determine.  It  may  also  appoint  a  superintendent  of  repairs,  and  such 
other  subordinates,  inchiding  principals,  teachers,  attendance  or  truant  officers, 
and  janitors  or  custodians  of  schools  as  the  public  school  system  of  the  city  may 
require,  and,  subject  to  the  approval  of  the  board  of  estimate  and  apportionment, 
shall  fix  and  determine  the  salaries  or  compensation  of  all  such  officers,  and 
subordinates,  within  the  appropriation  made  therefor.  The  present  officers,  ap- 
pointees and  employees  of  the  board  of  education  shall  continue  to  hold  their 
respective  offices  during  the  terms  for  which  they  have  been  respectively  ap- 
pointed. All  appropriations  of  public  moneys  made  for  the  payment  of  salaries 
and  compensation  of  officers  and  subordinates  of  the  department  of  public  in- 
struction shall  be  paid  monthly,  after  certification  by  the  president  of  the  board 
of  education,  by  the  city  treasurer  upon  the  warrant  of  the  city  comptroller,  in 
the  same  manner  as  the  salaries  of  the  other  city  officers.  The  commissioners  and 
subordinates  shall  be  deemed  to  be  city  officers  of  the  city,  and  shall  be  subject 
to  all  the  provisions  of  law  applicable  to  such  city  officers. 

§  3  Official  undertakings.  The  superintendent  of  schools  and  the  clerk  shall 
each,  before  entering  upon  the  discharge  of  the  duties  of  his  office,  execute  and 
file  with  the  city  clerk  an  official  undertaking  conditioned  upon  the  faithful  dis- 
charge of  the  duties  of  his  office,  in  such  sum  as  shall  be  prescribed  by  the  com- 
mon council ;  such  undertakings  to  be  approved  as  to  form  and  validity  by  the 
corporation  counsel,  and  as  to  the  sufficiency  of  the  sureties  by  the  mayor. 

>j  4  Powers  and  duties  of  the  board.  The  board  of  education  shall  have  the 
sole  and  exclusive  government,  management,  care  and  control  of  the  public 
school  system  of  the  city,  subject  only  to  the  general  statutes  of  the  State  relative 
to  public  schools  and  public  school  instruction  not  inconsistent  with  the  pro- 
visions of  this  act.  It  shall  have  the  sole  and  exclusive  care,  custody,  control, 
management  and  safekeeping  of  all  property  owned  or  used  for  school  purposes. 
It  shrill  have  full  power  and  authority  to  approve  all  plans  for  new  school  build- 
ings;  to  make  rules  and  regulations  for  the  government  of  the  schools;  prescribe 
courses  of  study  and  textbooks ;  provide  the  schools  with  necessary  apparatus, 
equipment,  furniture  and  supplies ;  supply  the  requisite  textbooks  and  stationery 
for  the  use  of  the  pupils,  when  required  by  law ;  exchange  old  textbooks  for  new ; 
change  the  grades  of  schools  and  classes  therein,  and  establish  new  schools ; 
license  and  fix  standards  for  qualification  as  necessar}'  requirements  for  service 
of  all  principals  and  teachers  in  the  schools,  which  requirements  may  be  higher, 
but  not  lower,  than  the  minimum  qualifications  required  by  the  general  laws  of 
the  State:  assign  and  transfer  principals,  teachers  and  puj^ls  to  schools  and  from 
one  school  to  another,  and  provide  for  the  graduation  of  all  pupils  from  all 
grades  of  schools;  allow  teachers  extra  pay  for  extra  work,  and  employ  and  fix 
the  compensation  of  such  extra  teachers  as  may  be  required,  within  the  appro- 
priation made  for  teachers'  wages  ;  prescribe  rules  and  regulations  for  the  ad- 
mission of  nonresident  pupils  to  the  schools  of  the  city  and  fix  the  tuition  to  be 
paid  therefor ;  and  shall  have  all  the  powers  and  discharge  all  the  duties  con- 
ferred or  imposed  by  law  upon  commissioners  of  common  schools  and  trustees 
of  the  several  school  districts  of  the  State,  so  far  as  the  same  are  applicable  to 


3^^  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

the  schools  of  the  city  and  are  not  inconsistent  with  the  provisions  of  this  act. 
In  the  execution  of  the  powers  and  authority  vested  in  it  the  board  may  estab- 
lish such  rules  and  regulations  as  it  may  deem  necessary  for  the  promotion  of 
the  welfare  and  best  interests  of  the  public  schools  and  the  public  school  system 
of  the  city.  The  board  shall  administer  all  moneys  appropriated  or  available 
for  educational  purposes,  provided  that  all  purchases  or  expenditures  made,  or 
expenses  or  indebtedness  incurred  by  said  board,  or  in  said  department,  shall 
be  made,  audited  and  paid  in  the  same  manner  and  subject  to  the  same  conditions 
and  limitations  as  are  provided  by  law  for  expenditures  made  by  other  city 
departments.  The  enumeration  of  specific  powers  herein  shall  not  be  deemed 
to  exclude  or  limit  the  exercise  of  powers  not  so  enumerated. 

§  5  Superintendent  of  schools;  duties.  It  shall  be  the  duty  of  the  superin- 
tendent of  schools,  under  the  general  supervision  and  direction  of  the  board  of 
education,  to  visit  the  several  schools  of  the  city  at  frequent  intervals;  to  inquire 
into  the  character  of  the  instruction,  management  and  discipline;  to  advise  and 
encourage  the  pupils  and  teachers;  to  enforce  the  rules  and  regulations  of  the 
board  of  education;  to  maintain  and  enforce  proper  discipline  in  the  management 
and  conduct  of  the  schools,  and  in  connection  therewith  may  suspend  any  pupil 
alleged  to  be  guilty  of  misconduct  or  insubordination,  and  may  likewise  suspend 
any  teacher,  principal  or  employee,  but  shall  immediately  report  such  discipline 
with  his  reasons  therefor  to  the  board  of  education ;  to  report  to  the  board  of  edu- 
cation any  inefliciency  or  misconduct  on  the  part  of  principals,  teachers  and  em- 
ployees;  to  supervise  the  enforcement  of  the  compulsory  education  law  and  direct 
truant  officers  in  the  discharge  of  their  duties ;  to  have  charge  of  the  school  libra- 
ries ;  and  to  perform  such  other  duties  as  shall  be  prescribed  by  or  delegated  to 
him  by  the  board  of  education. 

§  6  Clerk;  duties.  The  clerk  shall  keep  all  records  of  the  board  and  shall 
have  charge,  custody  and  control  of  the  rooms,  books,  papers,  documents  and  rec- 
ords of  the  department  and  shall  perform  such  other  duties  as  shall  be  required 
by  the  board  of  education.  He  is  hereby  authorized  to  administer  oaths  and  take 
affidavits  in  all  matters  appertaining  to  the  schools  or  school  system  of  the  city 
and  for  that  purpose  shall  possess  all  the  powers  of  a  commissioner  of  deeds,  but 
shall  not  be  entitled  to  any  of  the  fees  or  emoluments  thereof. 

§  7  Superintendent  of  repairs;  duties.  The  superintendent  of  repairs  shall, 
under  the  direction  of  the  board,  have  charge  of  keeping  in  repair  the  school 
buildings,  school  furniture  and  equipment,  heating  and  other  apparatus  and  appli- 
ances for  carrying  on  school  work;  and  for  such  purposes  may,  subject  to  the 
approval  of  the  board,  and  within  the  appropriation  made  therefor,  employ  such 
assistants  as  may  be  necessary. 

§  8  Regulation  of  salaries.  The  salaries  of  all  principals  and  teachers  shall 
be  regulated  so  far  as  practicable,  according  to  merit,  grade  of  class  taught,  length 
of  service  in  teaching  or  by  a  combination  of  these  considerations,  in  accordance 
with  a  uniform  of  schedule. 


'  So  in  the  original. 


EDUCATION    CODE  389 

§  9  School  libraries.  The  board  of  education  shall  be  the  sole  trustee  of  the 
several  school  libraries  in  said  city.  It  shall  provide  for  the  safekeeping  of  the 
same  and  all  provisions  of  law  relative  to  district  school  libraries  shall  be  appli- 
cable thereto.  It  shall  be  vested  with  the  same  discretion  as  to  the  disposition  of 
all  moneys  appropriated  by  any  laws  of  the  State  for  the  purpose  of  school  libra- 
ries as  is  conferred  by  law  upon  the  inhabitants  of  school  districts. 

§  10  Appointments  and  qualifications  of  principals  and  teachers.  All 
appointments  to  positions  of  teachers  in  the  public  schools  of  the  city,  except  prin- 
cipals and  vice  principals  of  schools,  heads  of  departments  of  high  schools,  and 
special  teachers  of  drawing,  music,  physical  culture,  writing,  sloyd,  stenography 
and  domestic  science,  shall  be  made  from  a  merit  list  to  be  ascertained  and  estab- 
lished in  accordance  with  such  rules  and  regulations  as  the  board  of  education 
shall  prescribe.  The  applicants  on  said  list  shall  be  graded  and  classified  accord- 
ing to  a  combination  of  qualifications  which  shall  include  scholarship,  ability  to 
teach,  experience  and  ability  in  school  and  classroom  discipline  and  management, 
and  general  merit  and  fitness.  No  person  shall  be  appointed  to  the  position  of 
principal  of  a  high  school  or  of  a  grammar  school,  or  teacher  of  a  high  school, 
who  is  not  a  graduate  of  a  normal  school,  college  or  university  recognized  by  the 
Regents  of  The  University  of  the  State  of  New  York,  and  has  not  had  at  least 
two  years'  successful  experience  in  teaching,  and  no  person  shall  be  appointed  as 
teacher  in  a  grammar  school  or  kindergarten  who  is  not  a  graduate  of  a  normal 
school  or  who  has  not  pursued  a  course  in  pedagogy  in  a  State  training  school  for 
at  least  one  year.  The  provisions  of  this  section  as  to  qualifications  or  eligibility 
shall  not  apply  to  any  principal  or  teacher  now  in  the  employ  of  the  city. 

§  II  Textbooks.  Textbooks  shall  be  furnished  free  of  expense  to  all  pupils 
of  the  common  schools  of  said  city  of  all  grades  below  that  of  high  school.  Such 
books  shall  be  and  remain  the  property  of  the  city  and  the  board  of  education  shall 
provide  for  the  care  and  preservation  of  the  same.  No  textbook  of  which  any 
officer  or  subordinate  of  the  department  is  the  author,  or  in  the  publication  or  sale 
of  which  any  such  officer  or  subordinate  is  in  any  way  interested,  shall  be  adopted 
for  use  in  any  of  the  schools  of  the  city  unless  the  same  shall  have  been  adopted 
and  shall  be  in  use  in  the  public  schools  of  at  least  five  other  cities  of  the  State. 

§  12  State  school  money.  Whenever  the  city  clerk  shall  receive  notice  from 
the  State  Commissioner  of  Education  of  the  amount  of  moneys  apportioned  to 
said  city  for  the  support  and  encouragement  of  common  schools  therein,  he  shall 
immediately  lay  the  same  before  the  city  comptroller  and  treasurer,  and  the  treas- 
urer shall  apply  for  and  receive  the  moneys  apportioned  to  the  said  city  as  soon  as 
the  same  become  payable  and  place  the  same  in  the  city  treasury,  and  the  same 
shall  be  applicable  for  the  reduction  of  general  taxation. 

§  13  School  buildings.  The  commissioner  of  public  works  shall  have  the 
power,  when  authorized  so  to  do  by  the  board  of  estimate  and  apportionment  for, 
on  behalf  of  and  in  the  name  of  the  city  of  Syracuse,  to  acquire  by  purchase  or 
condemnation  or  to  lease  such  real  property  as  may  be  required  for  school  pur- 
poses ;  to  superintend  the  planning  and  construction  of  new  school  buildings ;  and 


390  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

to  dispose  of  such  real  property  owned  and  used  for  school  purposes  as  shall  no 
longer  be  required  therefor.  No  school  building  or  addition  to  a  school  building 
shall  hereafter  be  erected  until  the  plans,  specifications  and  detailed  drawings  for 
the  same  shall  have  been  approved  by  the  superintendent  of  public  works  and 
board  of  education  and  their  respective  approvals  indorsed  thereon.  Such  plans 
and  specifications  shall  show  in  detail  the  ventilation,  heating,  lighting,  plumbing 
and  sanitary  arrangements  of  such  buildings.  No  plan  or  specifications  for  the 
erection  of  any  school  building  or  addition  to  a  school  building  shall  be  approved 
unless  the  same  shall  provide  at  least  fifteen  square  feet  of  floor  space  and  two 
hundred  cubic  feet  of  air  space  for  each  pupil  to  be  accommodated  in  each  study 
or  recitation  room  therein,  nor  unless  provision  be  made  therein  for  assuring  at 
least  thirty  feet  of  pure  air  every  minute  per  pupil  and  the  facilities  for  exhaust- 
ing foul  or  vitiated  air  therefrom  shall  be  positive  and  independent  of  atmospheric 
changes.  All  such  school  buildings  shall  have  at  least  two  separate  and  distinct 
stairways  located  as  far  remote  from  each  other  as  practicable.  All  stairs,  stair- 
ways and  stair  halls  shall  be  constructed  of  absolutely  fireproof  material.  All 
stairways  and  stair  halls  shall  be  inclosed  on  all  sides  with  walls  of  solid  masonry, 
self-supported  and  carried  from  the  foundations.  All  doorways  opening  therein 
shall  be  protected  by  fire  doors  and  all  window  openings,  except  from  the  outside, 
shall  have  fireproof  or  wired  glass  set  in  metallic  frames.  All  halls,  doors,  .stair- 
ways, seats,  passageways  and  aisles,  and  all  lighting  and  heating  appliances  and 
apparatus  shall  be  so  arranged  as  to  facilitate  egress  in  case  of  fire  or  accident, 
and  to  afford  the  requisite  and  proper  accommodations  for  public  protection  in 
such  cases.  Existing  school  buildings  shall,  as  far  as  practicable,  be  improved 
so  as  to  comply  with  the  foregoing  requirements. 

§  14  Construction  of  act.  This  act  is  intended  to  be  and  shall  be  deemed  and 
held  in  all  courts  and  jurisdictions  to  be  a  public  act,  of  which  the  courts  shall 
take  judicial  notice.  This  act  shall  be  construed  not  as  an  act  in  derogation  of 
the  powers  of  the  State  but  as  one  intended  to  aid  the  State  in  the  execution  of  its 
duties,  and  shall  be  liberally  construed  so  as  to  carry  into  eft'ect  the  objects  and 
purposes  hereof. 

§  15  Saving  clause.  The  repeal  of  a  law,  or  any  part  of  it,  specified  in  the 
annexed  schedule,  or  otherwise,  by  the  provisions  of  this  act,  shall  not  affect  or 
impair  any  act  done  or  right  accruing,  accrued  or  acquired,  or  penalty,  forfeiture 
or  punishment  incurred  prior  to  the  time  when  this  act  takes  effect  under  or  by 
virtue  of  the  law  so  repealed,  but  the  same  may  be  asserted,  enforced,  prosecuted 
or  inflicted  as  fully  and  to  the  same  extent  as  if  such  law  had  not  been  repealed; 
and  all  actions  or  proceedings,  civil  or  criminal,  commenced  under  or  by  virtue  of 
any  law  so  repealed  and  pending  when  this  act  takes  effect,  may  be  prosecuted 
and  defended  to  final  eft'ect  in  the  same  manner  as  they  might  under  any  such  law 
so  repealed,  unless  it  shall  be  otherwise  specially  provided  herein. 

§  16  Construction  of  provisions.  The  provisions  of  this  act,  so  far  as  they 
are  substantially  the  same,  or  cover  the  same  subject  matter  as  those  of  any  law 


EDUCATION    CODE  39I 

repealed  hereby,  shall  be  construed  as  a  continuance  of  any  such  repealed  law, 
modified  or  amended,  according  to  the  language  employed  herein,  and  not  as  new 
enactments.  References  in  a  law  not  repealed  to  the  provisions  of  any  law  incor- 
porated into  this  act  or  repealed,  shall  be  construed  as  applying  to  the  provisions 
so  incorporated.  The  meaning  and  effect  of  the  terms  of  language  used  herein 
shall  be  construed  in  accordance  with  the  provisions  of  the  statutory  construction 
law. 

§  17  Laws  repealed.  The  following  acts  and  parts  of  acts  are  hereby 
repealed : 

1  Of  the  laws  enumerated  in  the  schedule  annexed,  that  portion  thereof  speci- 
fied in  the  last  column. 

2  All  acts  or  parts  of  acts,  general  or  special,  in  so  far  as  inconsistent  with  the 
provisions  of  this  act. 

But  such  repeal  shall  not  revive  a  law  repealed  by  any  law  hereby  repealed,  but 
shall  include  all  laws  purporting  to  specifically  amend  any  of  the  laws  hereby  spe- 
cifically repealed. 

§   18  This  act  shall  take  effect  immediately. 

SCHEDULE 

Lazi.'s  of  Chapter  Sections 

1885 26 174-183 

1887 368 16 

1889 18 All 

1892 626 5 

1893 5^4 All 

1893 531 20-24 

1895 950 23-27 

1897 752 All 

1898 48 All 

Chapter  750,  Laws  of  1897 
An  act  to  amend  chapter  26  of  the  Laws  of  1885,  entitled  "An  act  to  revise, 
amend  and  consolidate  the  several  acts  in  relation  to  the  city  of  Syracuse,  and 
to  revise  and  amend  the  charter  of  said  city,"  establishing  a  fund  for  pensioning 
retired  school  teachers,  and  regulating  the  collection  and  managemen-t  thereof 
Section  i  Title  11  of  chapter  26  of  the  Laws  of  1885  is  hereby  amended  by 
adding  thereto  a  new  section  to  read  as  follows : 

vj  183a.  Sub.  I  The  board  of  education  and  superintendent  of  schools  of  the 
city  of  Syracuse  shall  constitute  a  board  of  trustees  who  shall  have  the  general 
care  and  management  of  the  public  school  teachers  retirement  fund  created  by 
this  act.     The  said  board  of  trustees  is  empowered  to  make  payment,  from  said 


392  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

fund,  of  annuities  granted  in  pursuance  of  this  act ;  to  take  all  necessary  and 
proper  action  in  the  premises ;  and  to  make  such  rules  and  regulations  for  the  ad- 
ministration and  investment  of  said  fund  as  it  may  deem  best,  except  that  neither 
the  whole  nor  any  part  of  said  fund  shall  be  invested  in  any  manner  otherwise 
than  as  the  savings  banks  of  the  State  are  by  law  permitted  to  invest  their  funds. 
Sub.  2  The  public  school  teachers  retirement  fund  created  by  this  act,  shall 
consist  of  the  following  moneys  with  interest  or  income  therefrom,  to  wit: 

a  All  money;  pay,  compensation  or  salary  forfeited  by  or  deducted  from  the 
salary  of  any  superintendent,  supervisor,  principal  or  teacher  employed  in  the 
public  schools  of  Syracuse,  for  any  absence  from  duty  for  any  cause ;  but  when 
the  duties  of  such  absent  person  are  performed  by  a  supply  teacher,  the  amount 
of  salary  so  deducted  shall  first  be  applied  toward  the  payment  of  such  supply 
teacher. 

b  All  donations,  legacies  and  gifts  which  shall  be  made  to  said  fund. 
c  An  amount  not  to  exceed  one  per  centum  per  annum  of  the  respective  salaries 
paid  to  the  superintendent  of  schools,  supervisors,  principals  and  teachers  regu- 
larly employed  in  the  public  schools  of  Syracuse. 

d  All  moneys  which  may  be  obtained  from  other  sources,  or  by  other  means 
duly  and  legally  devised  for  the  increase  of  said  fund,  by  said  board  of  trustees, 
or  with  their  consent. 

Sub.  3  The  board  of  education,  in  making  the  payrolls  for  the  superintendent, 
supervisors,  principals  and  teachers  hereinbefore  mentioned,  shall  semiannually 
deduct  from  the  salary  of  each  of  said  persons,  a  sum  not  to  exceed  one  per 
centum  per  annum  of  his  or  her  annual  salary  and  shall  certify  the  amount  of 
such  deductions  and  names  of  the  persons  from  whose  salaries  such  deductions 
have  been  made ;  and  such  certificate  shall  accompany  the  payroll  and  a  warrant 
for  the  amount  of  the  deductions  so  certified  shall  be  drawn  payable  to  the  city 
treasurer,  who  shall  retain  the  same  subject  to  the  disposal  of  the  said  board  of 
trustees.  A  similar  certificate  shall  be  made  and  warrant  drawn  each  month  in 
case  of  deductions  from  salaries  on  account  of  absence  from  duty. 

Sub.  4  The  city  treasurer  shall  be  the  custodian  of  said  fund  and  shall  execute 
a  bond  to  the  city,  with  good  and  sufficient  sureties,  to  be  approved  by  said  board 
of  trustees,  conditioned  on  the  faithful  performance  of  his  duties  as  such  cus- 
todian. Said  bond  shall  be  filed  in  the  office  of  the  city  clerk,  and  in  case  of  a 
breach  of  the  same  or  any  of  the  conditions  thereof,  suit  may  be  brought  on  said 
bond  in  the  name  of  the  city  for  the  use  of  said  board  or  any  person  or  persons 
injured  by  such  breach. 

Sub.  5  (a)  The  board  of  education  shall  have  power,  on  recommendation  of 
the  superintendent  of  schools,  to  retire  from  service  any  supervisor,  principal  or 
teacher  who  shall  have  served  in  such  capacity  or  capacities  for  an  aggregate 
period  of  twenty  years  if  a  female,  and  twenty-five  years  if  a  male;  and  any 
person  so  retired  shall  become  an  annuitant  under  this  act,  provided  that  not  less 
than  fifteen  years  of  such  service  shall  have  been  rendered  in  the  public  schools 
of  Syracuse. 


I 


EDUCATION    CODE  393 

(b)  Any  superintendent,  principal,  supervisor  or  teacher  who  shall  have  served 
in  such  capacity  or  capacities  for  a  period  of  thirty  years  if  a  female,  or  thirty- 
five  years  if  a  male,  may  voluntarily  retire  from  service  and  become  an  annuitant 
under  this  act,  provided  that  not  less  than  fifteen  years  of  such  service,  or  five 
years  as  provided  in  subdivision  9  of  this  act,  shall  have  been  performed  in 
the  public  schools  within  the  present  limits  of  Syracuse. 

Sub.  6  No  annuity  paid  in  pursuance  of  this  act  shall  exceed  one-half  the 
annual  salary  of  the  annuitant  receiving  it,  at  the  time  of  retirement  from  service ; 
neither  shall  any  annuity  exceed  the  sum  of  eight  hundred  dollars,  and  all  an- 
nuities must  be  at  the  same  rate  per  centum  of  the  salary  of  the  several  annuitants 
at  the  time  of  retirement,  except  in  cases  where  the  annuity  at  that  rate  would 
exceed  eiglit  hundred  dollars. 

Sub.  7  No  person  shall  become  an  annuitant  who  has  not  contributed  to  the 
teachers  retirement  fund,  in  pursuance  of  subdivision  3  of  this  act,  exclusive  of 
deductions  from  salary  for  absence,  an  amount  equal  to  at  least  twenty  per 
centum  of  his  or  her  annual  salary  at  the  time  of  retirement;  but  any  such  per- 
son, otherwise  qualified,  may  become  an  annuitant  by  making  a  cash  payment  to 
the  retirement  fund  before  receiving  any  annuity,  of  such  an  amount  as  his  pre- 
vious contributions  under  said  subdivision  3  may  have  fallen  sliort  of  the  re- 
quired twenty  per  centum. 

Sub.  8  No  annuity  shall  be  paid  from  the  teachers  retirement  fund  before 
July  I,  1901  ;  but  any  person  duly  qualified  who  shall  retire  or  be  retired  from 
service  before  that  time,  shall  not  be  deemed  to  have  forfeited  the  right  to  be- 
come an  annuitant  under  the  provisions  of  this  act. 

Sub.  9  No  person  shall  be  deemed  to  have  forfeited  the  right  to  become  an 
annuitant  by  virtue  of  having  resigned  his  or  her  position  in  the  public  schools  of 
Syracuse  after  five  years  of  service  therein,  provided  that  such  person  shall  con- 
tinue in  similar  work  elsewhere,  and  shall  contribute  annually  to  the  retirement 
fund  an  amount  equal  to  one  per  centum  of  the  annual  salary  of  such  person  at 
the  time  of  such  resignation. 

Sub.  10  If  at  any  time  a  superintendent,  principal,  supervisor  or  teacher,  who 
shall  be  willing  to  continue  service  in  the  schools,  shall  not  be  reemployed,  or  shall 
be  discharged,  before  the  time  when  he  or  she  would,  under  the  provisions  of 
this  act,  be  entitled  to  an  annuity,  then  such  person  shall  be  paid  back  all  the 
money  which  may  have  been  deducted  from  his  or  her  salary  in  pursuance  of 
this  act,  otherwise  than  on  account  of  absence. 

Sub.  II  The  board  of  education  shall  include  in  its  annual  report  a  full  ac- 
count of  the  condition  of  the  teachers  retirement  fund,  its  amount,  the  manner  of 
its  investment,  and  all  receipts  and  disbursements  on  account  of  said  fund  during 
the  year. 


TONAWANDA 

Chapter  357,  Laws  of  1905 
An  act  to  revise  the  several  acts  relative  to  the  city  of  Tonawanda 

TITLE  XXII 

CITY  SCHOOLS 
Section     i  Boundaries 

2  Board  of  education;  how  constituted 

3  Organization 

4  Powers 

5  Duties 

6  Certificate  of  expenses 

7  Common  council,  to  include  amount  stated  in  certificate  in  tax  levy 

8  School  moneys  to  be  kept  separate 

9  Purchase  of  site  and  buildings 

10  Report  of  expenditures 

11  State  apportionment  payable  to  treasurer 

12  Ordinance  for  school  property 

13  Sinking  fund 

Section  i  Boundaries.  All  territory  included  vi^ithin  the  boundaries  of  the 
city  of  Tonawanda  shall  constitute  a  separate  school  district  within  this  State,  and 
shall  be  designated  as  the  "  union  school  district  of  the  city  of  Tonawanda."  It 
may  bear  such  other  additional  designation  as  the  Superintendent  of  Public  In- 
struction of  this  State  may  by  law  prescribe.  Such  district  shall  be  entitled  to  all 
rights,  powers,  privileges,  public  moneys  and  other  benefits  conferred  by  law  or 
other  State  authority  upon  school  districts,  and  shall  be  subject  to  all  the  rules, 
regulations,  powers  of  inspection,  and  superintendence  prescribed  by  law  appli- 
cable to  school  districts  in  cities  except  as  otherwise  provided  by  this  act. 

§  2  Board  of  education;  how  constituted.  The  affairs  of  said  union  school 
district  of  the  city  of  Tonawanda  shall  be  managed  by  a  board  of  six  members, 
to  be  organized  in  the  manner  herein  provided,  which  board  shall  be  known  and 
designated  as  the  "  board  of  education  of  the  city  of  Tonawanda."  Said  board 
and  its  successors  shall  possess  the  powers  conferred,  and  discharge  all  the  duties 
imposed  by  this  act  or  by  any  general  law  of  this  State  relating  to  school  districts 
in  cities,  or  relating  to  the  boards  of  education  of  such  districts  and  not  inconsist- 
ent with  the  provisions  of  this  act. 

§  3  Organization.  On  the  Monday  following  the  appointment  of  the  mem- 
bers of  the  board  of  education  to  fill  vacancies  occurring  in  said  board  by  expi- 
ration of  term,  the  board  of  education  .shall  convene  at  eight  o'clock  in  the  after- 
noon, at  its  usual  place  of  meeting.  The  persons  so  appointed  shall  thereupon 
take  the  oath  of  office,  and  the  board  of  education  of  the  city  of  Tonawanda  as 
constituted  for  the  preceding  year  shall  be  dissolved,  and  the  board  of  education 

[394] 


EDUCATION    CODE  395 

composed  of  the  persons  so  appointed  and  those  whose  term  of  office  shall  not 
have  expired,  shall  then  be  organized  by  the  election  of  a  president  from  among 
their  number,  and  of  some  suitable  person  not  of  their  number  but  who  shall  be 
a  resident  of  said  city  as  the  clerk  of  said  board.  A  majority  of  the  board  of  edu- 
cation shall  constitute  a  quorum  for  the  transaction  of  business,  and  it  shall  keep 
a  record  of  its  proceedings. 

§  4  Powers.  The  board  of  education  of  the  city  of  Tonawanda  shall  have 
the  power,  subject  to  the  provisions  of  this  act,  to  purchase,  take,  lease,  hold  or 
improve  any  real  or  personal  estate  in  trust  for  said  school  district  of  said  city 
in  the  support  and  maintenance  of  schools,  or  for  any  of  the  purposes  of  educa- 
tion in  said  city.  It  may  also  take  by  purchase,  gift,  grant,  bequest  or  devise  and 
hold  any  real  or  personal  estate  in  trust  for  any  of  the  purposes  of  education  or 
art  or  for  the  support  or  maintenance  of  public  libraries  in  said  city  upon  such 
terms  as  may  be  prescribed  by  the  doner^  or  doners^  and  accepted  by  said  board ; 
and  it  may  execute  any  trust  for  any  of  the  purposes  aforesaid  and  provide  for 
the  proper  execution  thereof.  The  title  of  all  schoolhouses,  sites,  lots,  furniture. 
books,  apparatus  and  other  school  property  belonging  to  or  in  possession  of  the 
school  district  of  the  city  of  Tonawanda  shall  so  continue  for  the  purposes  of  edu- 
cation, in  said  city,  subject  to  any  existing  liability. 

§  5  Duties.  Subject  to  the  provisions  of  this  act,  said  board  shall  have  power, 
and  it  shall  be  their  duty, 

1  To  establish  and  organize  in  said  city  such  and  so  many  free  schools,  includ- 
ing night  and  vacation  schools,  as  said  board  shall  deem  necessary  and  proper, 
and  to  change  or  discontinue  the  same  in  their  discretion. 

2  To  purchase,  as  herein  prescribed,  hire,  sell,  or  dispose  of  schoolhouses,  lots, 
sites  and  school  furniture  as  they  may  deem  advisable. 

3  To  alter,  improve  and  repair  schoolhouses  and  appurtenances,  as  they  may 
deem  advisable. 

4  To  purchase,  exchange,  improve  and  repair  school  apparatus,  books,  supplies 
and  appendages,  and  to  defray  the  necessary  expense  attending  the  ■    me. 

5  To  have  the  custody  and  safekeeping  of  the  school  buildings,  lots,  outhouses, 
books,  furniture  and  appendages,  and  to  see  that  the  ordinance  and  by-laws  of 
said  city  in  relation  thereto  are  enforced,  and  any  violation  thereof  punished. 

6  To  contract  with  and  employ  janitors  and  employees. 

7  To  contract  with  and  employ  a  superintendent  of  instruction  for  said  city  and 
all  necessary  teachers  and  to  remove  said  superintendent,  teachers  and  other  ap- 
pointees under  such  rules  and  regulations  as  may  be  established  by  law  or  by  the 
Department  of  Public  Instruction  of  said  State. 

8  To  expend  all  moneys  raised  by  virtue  of  this  act,  for  purchasing  sites,  erect- 
ing or  enlarging  schoolhouses,  or  for  other  purposes,  in  such  manner  as  they  may 
deem  best,  but  only  for  the  purposes  for  which  the  same  was  so  raised  except  as 
hereinafter  provided. 

*  So  in  the  original. 


396  THE    UNIVERSITY   OF    THE    STATE    OF    NEW    YORK 

9  To  license,  upon  the  recommendation  of  the  superintendent  of  instruction  of 
said  city,  all  teachers  now  employed  in  the  schools  of  said  city,  in  the  same  man- 
ner and  with  like  effect  in  said  city  as  school  commissioners  of  counties. 

10  To  take  and  appropriate  lands  and  other  real  property  within  said  city  for 
school  purposes,  upon  making  compensation  therefor,  in  the  same  manner  and 
under  the  same  proceedings  as  prescribed  in  this  act  and  as  conferred  upon  the 
common  council  to  take  and  appropriate  lands  for  opening  streets  and  highways. 

11  To  have,  to  the  exclusion  of  all  boards  and  officers  except  The  University  of 
the  State  of  New  York,  the  Department  of  Public  Instruction  of  this  State,  and 
as  herein  otherwise  provided,  the  entire  supervision  and  management  of  the 
schools  in  said  city,  and  from  time  to  time,  to  adopt,  alter,  modify  or  repeal  as 
they  may  deem  expedient,  rules  and  regulations  for  their  organization,  govern- 
ment and  instruction,  for  the  reception  of  pupils  and  their  transfer  from  one 
schoolroom  or  house  to  another,  for  their  advancement  from  class  to  class  as  their 
degree  of  scholarship  shall  warrant  and  generally  for  the  promotion  of  the  good 
order  and  prosperity  of  said  schools. 

12  To  allow  the  children  of  persons  nonresidents  within  the  city  to  attend  any 
of  the  schools  therein  under  the  control  of  said  board  upon  such  terms  as  said 
board  by  resolution  may  prescribe. 

13  To  maintain  a  free  public  library,  which  shall  be  under  the  control  of  a 
board  of  library  trustees,  appointed  as  is,  or  shall  be  prescribed  by  law. 

14  To  exercise  the  same  discretion  as  to  the  disposition  of  the  moneys  provided 
by  law  for  the  purchase  of  libraries  as  is  conferred  upon  the  inhabitants  of  school 
districts. 

15  Except  as  otherwise  provided  by  this  act,  to  exercise  all  the  powers  con- 
ferred upon  the  inhabitants  of  school  districts  at  school  district  meetings. 

16  Except  as  otherwise  provided  in  this  act,  to  exercise  all  the  powers  con- 
ferred and  discharge  all  the  duties  imposed  by  the  general  laws  of  this  State  ap- 
plicable to  boards  of  education  in  cities.  The  records  of  the  proceedings  of  said 
boards,  or  a  transcript  thereof,  certified  by  its  president  and  clerk,  shall  be  re- 
ceived in  all  courts  or  places  as  prima  facie  evidence  of  the  facts  therein  stated. 

§  6  Certificate  of  expenses.  On  or  before  the  ist  day  of  February  of  each 
year  the  board  of  education  shall  prepare  a  certificate  of  such  sums  of  moneys  as 
it  may  deem  necessary  for  the  school  year  commencing  August  ist  thereafter  for 
each  of  the  following  purposes,  namely : 

1  For  wages  of  superintendent  and  teachers  after  applying  all  the  public  school 
and  other  moneys  applicable  thereto. 

2  bor  the  repair,  enlargement  or  improvement  of  schoolhouses,  outhouses  and 
grounds  with  their  appendages  and  appurtenances. 

3  For  the  purchase,  repair  or  improvement  of  school  apparatus,  books,  furni- 
ture and  fixtures. 

4  For  the  rent  of  schoolhouses  and  rooms  for  school  purposes. 

5  For  the  purchase,  maintenance  and  care  of  the  free  public  library,  library 
buildings  and  grounds. 


EDUCATION    CODE  397 

6  For  the  purchase  of  fuel  and  lights  and  to  pay  the  contingent  expenses  of  the 
district,  including  the  salaries  of  the  janitors  and  the  incidental  expenses,  and  in- 
cluding the  interest  on  the  bonded  school  debt. 

><  7  Common  council  to  include  amount  stated  in  certificate  in  tax  levy. 
Such  certificate  signed  by  the  president  and  clerk  of  said  board  shall,  within  the 
time  hereinabove  specified  be  delivered  to  the  city  clerk.  The  city  clerk  shall  de- 
liver such  certificate  to  the  common  council  at  its  next  regular  meeting.  The 
common  council  shall  not  have  authority  to  revise  or  review  such  certificate  but 
shall  cause  to  be  included  in  the  annual  tax  levy  for  that  year,  the  amount  so  cer- 
tified in  such  certificate,  and  such  amount  shall  be  collected  by  the  city  treasurer 
and  credited  to  the  various  funds  as  designated  in  said  certificate. 

§  8  School  moneys  to  be  kept  separate.  All  public  moneys  or  other  funds 
belonging  or  appropriated  to  the  use  of  said  district  shall  be  paid  to  the  city  treas- 
urer, who  shall  keep  the  same  separate  from  the  general  funds  of  the  city,  and 
shall  credit  to  each  of  said  school  funds  the  moneys  or  property  belonging  thereto. 
Upon  request  from  said  board  the  city  treasurer  shall  certify  from  time  to  time 
the  various  balances  remaining  to  the  credit  of  any  or  all  of  the  school  and  library 
funds,  and  the  balances  remaining  unpaid  to  said  various  funds  from  the  amount 
of  the  school  certificate  for  that  year. 

§  9  Purchase  of  site  and  buildings.  When  the  board  of  education  shall  de- 
termine by  resolution  that  it  is  necessary  to  purchase  any  site  or  addition  to  any 
site,  or  erect  any  school  building,  or  enlarge  any  school  building  already  erected, 
it  shall  in  such  resolution  state  the  ward  within  which  the  site  is  to  be  purchased 
or  building  to  be  erected  or  enlarged,  and  the  particular  sum  required  for  each 
separately.  If  said  total  sum  exceeds  three  thousand  dollars  they  shall  then  call 
a  tax  election  in  said  city  in  the  manner  provided  in  this  act  for  the  calling  of 
special  tax  elections  by  the  common  council.  The  board  of  education  shall  ap- 
point three  freeholders  of  the  city,  inspectors  of  such  elections,  who  may  fill 
vacancies  occurring  in  their  number.  The  inspectors  shall  thereupon  proceed  to 
hold  such  election,  pursuant  to  such  resolution,  and  in  the  same  manner  as  in  hold- 
ing other  tax  elections  under  this  act.  and  the  qualifications  of  the  electors  thereat 
shall  be  determined  by  the  general  school  law  of  the  State  applicable  to  cities.  The 
board  of  education  shall  designate  some  convenient  and  central  place  at  which  to 
hold  such  special  tax  election  and  such  tax  election  shall  be  held  by  the  same  in- 
spectors during  the  same  hours  and  in  the  same  manner  as  other  tax  elections 
under  this  act.  The  vote  shall  be  taken  by  ballot  which  shall  be  indorsed  "  school 
tax,"  and  shall  be  deposited  in  a  ballot  box  provided  therefor  and  marked  ''  school 
tax."  The  board  of  education  shall  at  every  such  tax  election  provide  sufficient 
printed  ballots  for  the  use  of  the  electors  thereat,  upon  which  shall  be  printed  the 
various  items  or  objects  to  be  voted  for  thereat,  with  the  words  "  for  "  and 
■  against  "  at  the  beginning  of  each  item.  Each  elector  shall  indicate  his  vote  as 
to  each  of  said  items  by  placing  a  cross  before  the  word  "  for  "  if  he  favors  the 
proposition,  and  before  the  word  "  against,"  if  he  opposes  the  proposition.  The 
inspectors  shall  canvass  said  votes  without  intermission  or  adjournment  as  at  other 
<^lections,  and  make  a  statement  thereof  in  respect  to  each  item  voted  upon,  and 


39^  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

immediately  file  the  same  with  the  clerk  of  the  board  of  education.  Upon  the 
day  following  such  tax  election  the  board  of  education  shall  convene  at  its  usual 
place  of  meeting,  at  eight  o'clock  in  the  afternoon,  and  the  said  statement  shall  be 
produced,  and  the  board  shall  forthwith  declare  and  make  a  certificate  in  writing 
of  the  result.  In  case  a  majority  of  the  votes  cast  be  in  favor  of  any  said  taxes, 
the  board  of  education  shall  have  authority  to  borrow  upon  the  faith  and  credit 
of  said  city  the  aggregate  of  the  items  having  such  majority,  or  any  part  thereof, 
at  any  time  before  and  until  the  same  can  be  provided  for  according  to  law.  The 
board  of  education  shall  authorize  the  issue  of  bonds  or  other  evidences  of  indebt- 
edness, in  such  form  and  payable  at  such  times  as  it  may  prescribe,  for  the  sum 
or  sums  so  authorized  at  a  rate  of  interest  not  exceeding  four  per  centum  per 
annum.  Said  bonds  or  any  part  thereof  may  be  sold  by  the  board  of  education  to 
the  highest  bidder  after  advertisement,  but  at  not  less  than  the  par  value  thereof 
and  accrued  interest.  The  board  of  education,  after  completing  the  work  or  other 
objects  for  which  the  said  moneys  may  have  been  raised,  may  apply  any  unex- 
pended balance  that  may  remain  to  any  object  authorized  or  contemplated  by  this 
article. 

§  10  Report  of  expenditures.  It  shall  be  the  duty  of  the  board  of  education, 
on  or  before  the  ist  day  of  September  in  each  year,  to  make  and  file  with  the 
common  council  a  detailed  report  of  the  manner  in  whicli  it  shall  have  expended 
the  money  provided  for  and  appropriated  for  school  purposes  from  any  source 
during  the  last  school  year  of  said  board,  and  such  report  shall  be  published  by 
the  common  council  as  a  part  of  the  proceedings  of  the  meeting  at  which  it  is 
submitted.  The  board  of  education  shall  also  make  reports  to  The  University  of 
the  State  of  New  York  and  the  Department  of  Public  Instruction  of  the  State, 
in  such  manner  and  at  such  times  as  they  may  direct. 

§  1 1  State  apportionment  payable  to  treasurer.  The  county  treasurer  of 
Erie  county  shall  pay  over  to  the  city  treasurer  of  the  city  of  Tonawanda,  and  he 
shall  receive  for  the  use  of  the  board  of  education  of  said  city  such  proportion  of 
the  school,  library  and  other  money  apportioned  to  the  said  city  of  Tonawanda 
by  the  Superintendent  of  Public  Instruction  for  teachers'  wages  and  libraries,  and 
other  purposes  as  shall  by  law  be  apportioned  to  said  board  of  education  or  dis- 
trict. 

§  12  Ordinance  for  school  property.  The  common  council  of  the  city  of 
Tonawanda  shall  have  the  power  and  it  shall  be  its  duty  to  pass  such  ordinances 
and  by-laws  as  the  board  of  education  of  said  city  shall  report  as  necessary  for 
the  protection,  safekeeping,  care  and  preservation  of  the  school  buildings,  and 
other  property  of  said  district  and  to  impose  such  penalties  for  the  violation  of 
the  same  as  it  shall  deem  proper. 

i;  13  Sinking  fund.  The  board  of  education  may  also  include  in  the  certificate 
specified  in  section  6  of  this  title,  a  sum,  not  exceeding  one  thousand  dollars  for 
the  creation  of  a  sinking  fund,  with  which  to  pay  the  principal  of  the  bonded 
school  debt,  which  sinking  fund  shall  be  managed  by  said  board  of  education.  No 
investment  shall  be  made  in  behalf  of  said  sinking  fund,  except  in  the  bonds  of 
'the  United  States,  or  the  State  of  New  York,  or  of  any  city  of  the  State. 


EDUCATION    CODE  399 

TITLE  2 

§  7  Appointive  ofRcers ;  terms  and  compensations.  There  shall  be  appointed 
by  the  mayor  under  this  act,  at  the  times  and  for  the  terms  of  office  herein  stated, 
tlie  following  officers,  who  shall  receive  for  their  services  as  such,  the  compensa- 
tion and  salary  herein  stated  and  no  other  namely :     .     .     . 

6  Six  members  of  the  board  of  education,  two  of  whom  shall  be  appointed  dur- 
ing the  month  of  January  in  the  year  1906,  and  two  during  the  month  of  January 
every  year  thereafter,  and  each  of  whom  shall  hold  office  for  a  term  of  three  years 
from  and  including  the  ist  day  of  January  of  the  year  in  which  he  is  appointed. 
Xot  more  than  three  members  shall  be  of  the  same  political  party.  They  shall 
serve  without  compensation. 

Section  9  provides  that  the  mayor  may  remove  any  officer  which  he  appoints 
for  a  term  fixed  by  the  charter  and  it  also  provides  that  the  mayor  may  fill  vacan- 
cies as  they  occur.  Titles  3  and  4  relate  generally  to  the  officers  of  the  city.  Title 
13  relates  to  tax  elections,  title  14  to  the  issuance  of  nnmicipal  bonds  and  title  15 
to  letting  contracts. 


TROY 

Chapter  182,  Laws  of  1898 

An  act  for  the  government  of  cities  of  the  second  class 

ARTICLE  7 

DEPARTMENT  OF  PUBLIC  INSTRUCTION 

( This  article  applies  only  to  the  cities  of  Albany  and  Troy.    See  Albany,  page.  9.) 

Chapter  305,  Laws  of  1906 
An  act  to  estabHsh  a  retirement  fund  for  pensioning  retired  teachers,  supervisors, 
superintendents  and  principals  of  the  public  schools  in  the  city  of  Troy,  in- 
cluding union  free  school  district  number  i  of  the  town  of  Lansingburg,  and  to 
regulate  the  collection,  management  and  disbursement  thereof 

Section  i  The  president  of  the  board  of  education  of  the  city  of  Troy,  the 
president  of  the  board  of  education  of  union  free  school  district  number  i  of  the 
town  of  Lansingburg  in  the  city  of  Troy,  and  seven  teachers  of  the  public  schools 
of  the  city  of  Troy  including  the  schools  in  union  free  school  district  number  i 
of  the  town  of  Lansingburg,  of  which  teachers  two  shall  be  school  principals, 
shall  constitute  a  board  of  trustees  who  shall  have  the  general  care  and  manage- 
ment of  the  public  school  teachers  retirement  fund  created  by  this  act.  In  the 
month  following  the  passage  of  this  act  and  in  the  same  month  in  each  year 
thereafter,  a  meeting  of  all  the  teachers,  supervisors,  superintendents  and  prin- 
cipals of  the  public  schools  of  the  city  of  Troy  and  union  free  school  district 
number  i  of  the  town  of  Lansingburg,  shall  be  called  by  the  superintendent  of 
schools  of  the  city  of  Troy,  at  which  time  and  place  two  school  principals  and 
five  teachers,  then  in  active  service,  shall  be  chosen  by  the  assembled  teachers, 
supervisors,  superintendents  and  principals,  to  serve  for  a  term  of  one  year 
upon  the  board  of  trustees  hereinbefore  mentioned.  The  said  board  of  trustees 
is  empowered  to  make  payment  from  said  fund  of  the  annuities  granted  in  pur- 
suance of  this  act;  to  take  all  necessary  and  proper  action  in  the  premises;  and 
to  make  such  by-laws,  rules  and  regulations  as  may  be  necessary  or  proper ;  and 
to  provide  for  the  administration  and  investment  of  said  fund  as  it  may  deem 
best,  except  that  no  part  of  said  fund  shall  be  invested  in  any  manner  except 
as  approved  by  the  mayor  of  the  city  of  Troy  or  otherwise  than  as  the  savings 
banks  of  the  State  are  by  law  ])crmitted  to  invest  their  funds.  All  vacancies 
occurring  otherwise  than  by  expiration  of  term  in  the  office  of  either  or  any 
of  the  seven  members  of  said  board  of  trustees  chosen  from  the  teachers  shall 
be  filled  until  the  end  of  the  oihcial  year  by  the  appointment  of  the  said  board  of 
trustees.  In  case  any  trustee  chosen  or  appointed  as  aforesaid  shall  cease  to  be 
such  teacher  or  principal  such  trusteeship  shall  at  once  become  vacant. 

[400I 


EDUCATION    CODE  40I 

§  2  The  public  school  teachers  retirement  fund  created  by  this  act  shall  consist 
of  the  following  moneys  with  interest  or  income  therefrom,  to  wit : 

a  Five  per  centum  annually  of  the  excise  moneys  to  which  the  city  of  Troy 
may  from  May  i,  1906  to  and  including  April  30,  1910,  be  entitled  by  virtue 
of  the  provisions  of  the  liquor  tax  law  of  the  State  of  New  York,  and  thereafter 
three  per  centum  annually  of  the  excise  moneys  to  which  the  city  of  Troy  may  be 
entitled  by  virtue  of  the  provisions  of  said  liquor  tax  law.  Said  sum  shall  be 
paid  into  said  pension  fund  and  duly  credited  thereto  by  the  proper  officials  of 
said  city. 

b  One  per  centum  of  the  respective  salaries  paid  to  the  superintendents  of 
schools,  supervisors,  principals  and  teachers  regularly  employed  in  the  public 
schools  of  said  city  and  union  free  school  district  number  i  of  the  town  of 
Lansingburg ;  except  that  the  amount  deducted  from  any  one  salary  shall  not 
exceed  twelve  dollars  in  any  one  year. 

c  All  forfeitures  and  deductions  of  or  from  the  salary  of  any  superintendent, 
supervisor,  principal  or  teacher  employed  in  the  public  schools  of  said  city  and 
union  free  school  district  number  i  of  the  town  of  Lansingburg,  for  an  absence 
from  duty  for  any  cause.  Such  forfeitures  and  deductions  shall  be  paid  into 
said  pension  fund  and  duly  credited  thereto  by  the  proper  officials  of  said  city  and 
said  union  free  school  district  number  i  of  the  town  of  Lansingburg. 

d  All  surplus  funds  appropriated  by  said  city  and  union  free  school  district 
number  i  of  the  town  of  Lansingburg,  for  the  payment  of  salaries  in  the  depart- 
ment of  education  in  their  respective  jurisdictions  and  remaining  on  hand  on  or 
after  December  31,  1906.  Such  surplus  shall  be  paid  into  said  pension  fund  and 
duly  credited  thereto  by  the  proper  officials  of  said  city  and  said  union  free 
school  district  number  i  of  the  town  of  Lansingburg. 

e  All  donations,  legacies  and  gifts  which  shall  be  made  to  said  fund,  and  all 
moneys  which  shall  be  obtained  from  other  sources  or  by  other  means  devised 
for  the  increase  of  said  fund  by  said  board  of  trustees  or  with  their  consent. 

§  3  The  boards  of  education  of  the  city  of  Troy  and  union  free  school  district 
number  i  of  the  town  of  Lansingburg,  in  making  payrolls  of  the  superintendent, 
supervisors,  principals  and  teachers  hereinbefore  mentioned  shall  deduct  from 
each  and  every  payroll  said  one  per  centum  from  each  and  every  amount  payable 
in  the  period  covered  by  the  said  payroll,  and  shall  certify  the  amount  of  said 
deductions  and  the  names  of  the  persons  from  whose  salaries  such  deductions 
have  been  made ;  and  such  certificates  shall  accompany  the  payroll,  and  a  warrant 
for  the  amount  of  the  deductions  so  certified  shall  be  drawn  payable  to  the  city 
comptroller,  and  shall  be  deposited  by  him  with  the  city  treasurer  who  shall  retain 
the  same,  subject  to  the  disposal  of  said  board  of  trustees,  as  hereinafter  provided. 

.^  4  The  comptroller  of  said  city  shall  be  the  custodian  of  said  fund  and  the  city 
treasurer  shall  be  the  treasurer  thereof ;  and  all  orders  made  payable  from  this 
fund  shall  be  made  upon  the  vote  of  said  board  of  trustees.  Said  orders  to  be 
signed  by  its  president  and  countersigned  by  the  city  comptroller  and  tiie  city 
treasurer. 


402  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

§  5  The  boards  of  education  of  the  city  of  Troy  and  union  free  school  district 
number  i  of  the  town  of  Lansingburg  shall  have  power,  within  their  respective 
jurisdictions,  on  the  recommendation  of  said  board  of  trustees,  to  retire  from 
service  to  become  an  annuitant  under  this  act,  any  superintendent,  supervisor, 
principal  or  teacher  of  the  public  schools  of  said  city  or  of  said  union  free  school 
district  who  shall  have  served  in  such  capacity  or  capacities  for  an  aggregate 
period  of  thirty  years,  provided  that  not  less  than  fifteen  years  of  such  service 
shall  have  been  rendered  in  the  public  schools  which  are  now  or  hereafter  may 
be  located  within  the  boundaries  of  said  city  of  Troy,  or  any  such  superintendent, 
supervisor,  principal  or  teacher  who  is  mentally  or  physically  incapacitated  for 
the  performance  of  duty  and  who  has  been  engaged  in  the  work  of  superintending, 
teaching  or  supervising  for  a  period  aggregating  twenty  years,  not  less  than 
fifteen  years  of  which  shall  have  been  in  the  public  schools  which  are  now  or 
hereafter  may  be  located  within  the  boundaries  of  said  city.  Any  superintendent, 
supervisor,  principal  or  teacher  in  the  public  schools  of  said  city  or  union  free 
school  district  number  i  of  the  town  of  Lansingburg,  who  shall  have  served  in 
such  capacity  or  capacities  for  a  period  of  thirty  years,  or  who  is  mentally  or 
physically  incapacitated  for  the  performance  of  duty  and  who  has  been  engaged 
in  the  work  of  superintending,  teaching  or  supervising  for  a  period  aggregating 
twenty  years  may,  with  the  consent  of  such  board  of  education,  retire  from 
service  to  become  an  annuitant  under  this  act,  provided  that  not  less  than  fifteen 
years  of  such  service  shall  have  been  performed  in  the  public  schools  which 
are  now  or  hereafter  may  be  located  within  the  boundaries  of  said  city  of  Troy. 
Any  person  retired  after  twenty  years  of  service  but  with  less  than  thirty  years 
of  service,  shall  receive  an  annuity  which  bears  the  same  ratio  to  the  annuity 
provided  for  on  retirement  for  thirty  years  of  service  as  the  total  number  of  years 
of  service  of  such  person  bears  to  thirty  years. 

§  6  The  said  boards  of  education  of  the  city  of  Troy  and  union  free  school 
district  number  i  of  the  town  of  Lansingburg.  shall  have  power  within  their 
respective  jurisdictions,  to  retire  from  service  to  become  an  annuitant  under  this 
act  any  superintendent,  supervisor,  principal  or  teacher  who  shall  have  served  in 
such  capacity  or  capacities  for  an  aggregate  period  of  thirty-seven  years,  provided 
that  not  less  than  fifteen  years  of  such  service  shall  have  been  rendered  in  the 
public  schools  which  are  now  or  hereafter  may  be  located  within  the  boundaries 
of  the  city  of  Troy,  and  also  provided  that  at  the  time  of  such  retirement  the 
retirement  fund  herein  created  shall  he  adequate  to  pay  the  full  annuity  to  v.-hich 
such  annuitant  shall  be  entitled.  Any  such  su])erintendent,  supervisor,  principal 
or  teacher  who  shall  have  served  in  such  capacity  or  cai)acities  for  an  aggregate 
period  of  thirty-seven  years  may  voluntarily  retire  from  such  service  to  become 
an  annuitant  under  this  act,  provided  that  not  less  than  fifteen  years  of  such 
service  shall  have  been  rendered  in  the  ])ublic  schools  which  are  now  or  hereafter 
may  be  located  within  the  boundaries  of  the  said  city  of  Troy. 

§  7  Annuities  paid  in  pursuance  of  this  act  shall  be  one-half  of  the  amount  of 
the  annual  salary  of  the  annuitant  at  the  time  of  retirement  from  service,  except 


EDUCATION    CODE  4O3 

as  provided  in  section  5  of  this  act,  and  except  that  no  annuity  shall  be  more 
tlian  six  hundred  dollars  annually  ;  but  if  the  moneys  at  the  disposal  of  the  trustees 
of  said  fund  be  found  at  any  time  inadequate  to  fully  carry  out  the  provisions 
hereinabove  mentioned,  the  trustees  shall  then  distribute  said  moneys  pro  rata 
to  the  i)ersons  entitled  to  participate  in  said  fund,  and  such  distribution  shall  be  in 
full  of  all  annuities  then  due. 

§  8  No  person  who  shall  retire  or  be  retired  to  become  an  annuitant  under  this 
act  shall  be  entitled  to  such  annuity  unless  and  until  such  person  shall  have 
contributed  to  the  teachers  retirement  fund  in  pursuance  of  subdivision  b  of 
section  2  of  this  act.  or  in  cash  or  by  accumulation  of  the  amuiity  to  which  such 
person  would  otherwise  be  entitled,  or  by  either  or  all  of  such  methods,  an 
amount  ecjual  to  at  least  twenty  per  centum  of  his  or  her  annual  salary  at  the 
time  of  retirement.  All  annuities  provided  for  by  this  act  shall  be  payable  in 
monthly  instalments. 

§  9  No  annuity  shall  be  paid  from  the  teachers  retirement  fund  until  Septem- 
ber I,  1906,  but  any  person  duly  qualified  who  shall  retire  or  be  retired  from 
service  before  that  time,  and  after  this  act  shall  take  effect,  shall  not  be  deemed 
to  have  forfeited  the  right  to  become  an  annuitant  under  the  provisions  of  this 
act. 

^  10  If  at  any  time  a  superintendent,  supervisor,  principal  or  teacher  shall 
be  dismissed  for  cause  before  the  time  when  he  or  she  would,  under  the  provisions 
of  this  act,  be  entitled  to  an  annuity,  then  said  person  shall  be  paid  back,  without 
interest,  all  the  money  which  may  have  been  deducted  from  his  or  her  salary 
in  pursuance  of  subdivision  /;  of  section  2  of  this  act. 

§  II  The  said  board  of  trustees  shall  annually  render  to  the  comptroller  of 
the  city  of  Troy  a  full  account  of  the  condition  of  the  teachers  retirement  fund, 
its  amount,  the  manner  of  its  investment  and  all  receipts  and  disbursements  on 
account  of  said  fund  during  the  year,  and  said  comptroller  shall  include  said 
statement  in  his  annual  report. 


I 


k 


UTICA 

Chapter  137,  Laws  of  1842 
An  act  in  relation  to  common  schools  in  the  city  of  Utica 

Section  i  At  the  next  annual  election  for  city  officers  to  be  held  in  the  city  of 
Utica,  there  shall  be  elected  six  commissioners  of  common  schools  for  the  said 
city,  who  shall  be  elected  in  the  same  manner  as  justices  of  the  peace,  supervisors 
and  constables  are  elected  in  said  city  pursuant  to  the  act  incorporating  said  city. 

§  2  Within  ten  da}s  after  their  election  the  persons  so  elected  shall  take  and 
subscribe  the  oath  of  office  prescribed  by  the  constitution,  and  file  the  same  with 
the  clerk  of  said  city;  and  they  or  a  majority  of  them  shall  thereupon  meet  and 
cause  the  whole  number  of  commissioners  so  chosen  to  be  divided  into  three 
classes,  to  be  severally  numbered  first,  second,  and  third.  The  term  of  office  of 
the  first  class  shall  expire  at  the  end  of  one  year,  of  the  second  class  at  the  end 
of  two  years,  and  of  the  third  class  at  the  end  of  three  years ;  but  each  class  shall 
continue  in  office  until  their  successors  are  elected,  and  have  taken  the  oath  of 
office. 

§  3  At  every  annual  election  for  officers  of  the  city  in  said  city  there  shall  be 
elected  by  the  electors  of  the  city  two  commissioners  of  common  schools  to  supply 
the  places  of  those  whose  term  of  office  is  next  to  expire.  They  shall  hold  their 
office  for  three  years  and  until  there^  successors  are  elected  and  have  taken  the 
oath  of  office,  except  as  hereinafter  provided.  The  term  of  office  of  all  com- 
missioners elected  pursuant  to  the  provisions  of  this  act  shall  commence  on  the 
first  day  of  January  next  succeeding  their  election,  except  as  hereinafter  pro- 
vided. The  terms  of  the  two  commissioners  of  common  schools  whose  term 
would  expire  on  the  second  Tuesday  of  March,  1893,  under  the  law  as  heretofore 
existing  are  hereby  extended  to  January  i,  1894.  Their  successors  shall  be  elected 
at  the  annual  election  for  officers  of  the  city,  to  be  held  on  the  7th  day  of  Novem- 
ber, 1893,  ^"cl  shall  take  office  on  the  ist  day  of  January,  1894,  and  hold  the  same 
for  the  term  of  two  years.  The  successors  to  the  two  commissioners  of  common 
schools  whose  terms  would  expire  on  the  second  Tuesday  of  March,  1894,  under 
the  law  as  heretofore  existing  shall  be  elected  at  the  said  election  for  officers  of 
the  city,  to  be  held  on  the  7th  day  of  November,  1893,  and  shall  take  office  on 
the  second  Tuesday  of  March,  1894,  and  shall  hold  the  same  until  the  ist  day  of 
January,  1897.  The  successors  to  the  two  commissioners  of  common  schools 
whose  terms  would  expire  on  the  second  Tuesday  of  March,  1895,  under  the 
laws  as  heretofore  existing  shall  be  elected  at  the  election  of  officers  of  the  city, 
to  be  held  on  the  Tuesday  next  succeeding  the  first  Monday  in  November,  1894, 
and  shall  take  office  on  the  said  second  Tuesday  of  March,  1895,  and  shall  hold 
the  same  until  the  ist  day  of  January,  1898.     {As  amended  by  L.  1893,  <^^^-  ^0.) 

'  .^o  in  the  original.  [404] 


EDUCATION    CODE  4O5 

§  4  The  common  council  of  said  city  may  make  appointments  of  commis- 
sioners of  common  schools,  to  fill  vacancies  which  may  occur  from  any  cause  other 
than  the  expiration  of  the  term  of  office  of  the  persons  elected.  The  commis- 
sioners so  appointed,  shall  hold  their  office  for  the  unexpired  term  of  those  to 
supply  whose  places  they  are  appointed. 

g  5  Any  commissioner  of  common  schools  in  said  city  may  be  removed  from 
office  for  official  misconduct  by  the  common  council  thereof,  by  a  vote  of  two- 
thirds  of  the  members  thereof. 

§  6  The  commissioners  of  common  schools  in  said  city  shall  constitute  a  board 
to  be  styled  the  ''  commissioners  of  common  schools  in  the  city  of  Utica,"  which 
shall  be  a  corporate  body  in  relation  to  all  the  powers  and  duties  conferred  upon 
them  by  virtue  of  this  act;  a  majority  of  the  board  shall  form  a  quorum.  At 
their  first  meeting  after  the  first  day  of  January  in  each  year,  they  shall  elect  one 
of  their  number  chairman,  and  whenever  the  chairman  shall  be  absent  from  a 
meeting  of  the  board,  they  may  appoint  a  chairman  pro  tempore ;  they  shall  also 
elect  a  clerk  who  shall  hold  office  during  the  pleasure  of  the  board.  The  said 
commissioners  shall  receive  no  compensation  for  their  services.  (As  amoidcd 
by  L.  i8p^,  ch.  lo.) 

§  7  The  clerk  of  said  board  shall  keep  a  record  of  the  proceedings  thereof, 
which  record,  or  a  transcript  therefrom,  certified  by  the  chairman  and  clerk, 
shall  be  received  in  all  courts  as  prima  facie  evidence  of  the  facts  therein  set 
forth ;  and  such  records  and  all  the  books,  papers  and  accounts  of  the  said  board, 
shall  at  all  times  be  subject  to  the  inspection  of  the  common  council,  and  of  any 
committee  thereof. 

§  8  The  common  council  of  the  said  city  shall  have  the  power  and  it  shall  be 
their  duty  to  raise  from  time  to  time,  by  tax  upon  the  real  and  personal  estate  in 
said  city  which  shall  be  liable  to  taxation  for  the  ordinary  city  taxes,  or  for  town 
or  county  charges,  such  sums  as  may  be  determined  and  certified  by  the  said  board 
of  commissioners  to  be  neccessary  and  proper  for  any  or  all  of  the  following 
purposes : 

1  To  purchase,  lease  or  improve  sites  and  schoolhouses. 

2  To  build,  purchase,  lease,  enlarge,  alter,  improve  and  repair  schoolhouses  and 
their  outhouses  and  appurtenances. 

3  To  purchase,  exchange,  improve,  and  repair  school  apparatus,  books,  furni- 
ture and  appendages. 

4  To  procure  fuel  and  defray  the  contingent  expenses  of  the  common  schools 
which  shall  be  in  addition  to  the  amount  of  school  moneys  now  or  hereafter 
appropriated  or  provided  by  law  to  be  raised  for  common  schools  in  said  city, 
provided,  nevertheless,  that  such  tax  shall  be  levied  but  once  in  each  year  and 
that  the  whole  amount  to  be  raised  shall  not  in  any  one  year  exceed  the  sum  of 
sixty  thousand  dollars.  (As  amended  by  L.  iSfj,  eh.  lU:  L.  iSjj,  eh.  ^48; 
L.  185/,  ch.  f^/2;  L.  i86y,  ch.  11=,:  L.  18/0,  ch.  118;  L.  i8jj,  eh.  24J; ;  L.  i8Sp, 
ch.  75;  L.  i8Qf,,  ch.  10^2:  L.  i8q8,  eh.  4^0:  L.  iQOi.  ch.  77.) 

§  9  The  common  council  shall  cause  the  amount  of  the  tax  at  any  time  ordered 


^C6  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

to  be  raised  in  pursuance  of  the  last  section,  to  be  added  to  the  amount  which 
they  are  otherwise  authorized  by  law  to  raise  by  tax  in  said  city,  and  they  shall 
cause  the  same  with  the  collectors'  fees  thereon,  to  be  assessed,  levied  and  collected 
at  the  same  time  by  the  same  warrant,  and  in  the  same  manner  with  the  taxes 
raised  for  city  expenses,  under  and  by  virtue  of  the  forty-fourth  section  of  the 
act  to  incorporate  said  city. 

§  10  All  moneys  to  be  raised  pursuant  to  the  provisions  of  this  act,  and  all 
school  moneys  by  law  appropriated  to  or  provided  for  said  city,  shall  be  paid  to 
the  treasurer  of  the  said  city,  who  together  with  the  sureties  upon  his  official  bond, 
shall  be  accountable  therefor  in  the  same  manner  as  for  other  moneys  of  the  said 
city ;  the  said  treasurer  shall  also  be  liable  to  the  same  penalties  for  any  official  mis- 
conduct in  relation  to  the  said  moneys,  as  for  any  similar  misconduct  in  relation 
to  the  other  moneys  of  the  city. 

§  II  After  the  passage  of  this  act  the  treasurer  of  the  said  city  shall  not  pay 
out  any  moneys  in  his  hands  received  by  the  said  city,  either  as  school  moneys, 
or  collected  or  received  by  virtue  of  any  of  the  provisions  of  this  act,  excepting 
upon  an  order  drawn  upon  him,  and  signed  by  the  chairman  and  clerk  of  the  said 
board  of  commissioners,  and  no  such  order  shall  be  drawn  except  by  virtue  of  a 
resolution  of  the  board. 

§  12  The  said  board  may  cause  a  suit  or  suits  to  be  prosecuted  in  the  name 
of  the  city  of  Utica,  upon  the  official  bond  of  the  treasurer,  or  of  any  collector  of 
the  said  city,  for  any  default,  delinquency  or  official  misconduct  in  relation  to 
the  collection,  safekeeping  or  payment  of  any  moneys  in  this  act  mentioned. 

v^   13  The  said  board  shall  have  power  and  it  shall  be  their  duty, 

1  To  establish  and  organize  such  and  so  many  common  schools  in  said  city 
(including  the  common  and  free  schools  now  existing  therein)  as  they  shall  deem 
requisite  and  expedient,  and  to  alter  and  discontinue  the  same. 

2  To  purchase  or  hire  schoolhouses,  and  rooms  and  lots  or  sites  for  school- 
houses,  and  to  fence  and  improve  them  as  they  deem  proper. 

3  Upon  such  lots  or  sites,  and  upon  any  sites  now  owned  by  said  city,  to  build, 
enlarge,  alter,  improve  and  repair  schoolhouses,  outhouses  and  appurtenances,  as 
they  may  deem  advisable. 

4  To  procure  fuel  and  defray  the  contingent  expenses  of  the  common  schools, 
and  the  expenses  of  the  district  library  of  said  city,  which  shall  be  in  addition 
to  the  amount  of  school  moneys  now  or  hereafter  appropriated  or  provided  by 
law  to  be  raised  for  common  schools  in  said  city ;  provided,  nevertheless,  that 
such  tax  shall  not  be  laid  oftener  than  once  in  each  year,  and  that  the  whole 
amount  to  be  raised  shall  not  in  any  one  year  exceed  the  sum  of  ten  thousand 
dollars. 

5  To  have  the  custody  and  safekeeping  of  the  schoolliouses,  outhouses,  appara- 
tus, books,  furniture  and  appendages,  and  to  see  that  the  ordinances  of  the 
common  council  in  relation  thereto  be  observed. 

6  To  contract  with  and  employ  all  teachers  in  the  common  schools  and  at  their 
pleasure  to  remove  them. 


EDUCATION    CODE  40/ 

7  To  pay  the  wages  of  such  teachers  out  of  the  school  moneys  which  shall  be 
appropriated  and  provided  in  the  said  city  so  far  as  the  same  shall  be  sufficient, 
and  the  residue  thereof  from  the  tuition  fees  they  shall  be  authorized  to  collect 
or  receive  as  herein  provided.  And  in  case  the  said  school  moneys  and  tuition 
fees  shall  be  insufficient  to  pay  such  wages,  then  to  pay  the  deficiency  out  of  the 
moneys  to  be  raised  by  the  common  council  of  said  city  in  pursuance  of  the  eighth 
section  of  this  act.     (As  amended  by  L.  18.14,  c^^-  ^S^-) 

8  To  fix  the  rate  of  tuition  fees  in  said  schools  at  a  sum  not  exceeding  two 
dollars  per  term,  which  shall  be  a  period  of  not  less  than  eleven  weeks,  and  to 
designate  a  person  or  persons  to  whom  the  same  may  be  paid  previous  to  issuing 
a  warrant  for  the  collection  thereof ;  and  to  exempt  from  the  payment  of  the 
whole,  or  any  part  of  the  tuition  fees,  such  persons  as  they  may  deem  entitled  to 
such  exemption,  for  indigence  or  any  other  suflicient  cause,  and  cause  a  list  of 
the  persons  so  exempted,  with  the  extent  of  their  exemption,  to  be  kept  by  the 
clerk  of  the  board.     {As  amended  by  L.  1844,  eh.  131.) 

9  To  defray  the  necessary  contingent  expenses  of  the  board,  including  an 
annual  salary  to  the  clerk,  which  shall  be  fixed  by  the  board ;  and  which  shall  not 
exceed  five  hundred  dollars,  provided  that  the  accounts  of  said  necessary  expenses 
shall  first  be  audited  and  allowed  by  the  common  council.  {As  amended  by  L. 
186/,  cli.  II j:  L.  18 /o,  ell.  118.) 

10  After  the  end  of  each  school  term  to  make  out  a  rate  bill  containing  the 
name  of  each  person  liable  to  pay  tuition  fees  who  shall  not  have  paid  them  ( prior 
to  the  making  out  of  such  rate  bill)  to  the  person  or  persons  designated  by  the 
board  for  that  purpose,  and  the  amount  for  which  such  person  is  liable,  adding 
thereto  a  sum  not  exceeding  five  cents  on  each  dollar  of  the  sum  due,  for 
collector's  fees,  and  to  annex  to  such  rate  bill  a  warrant  for  the  collection  thereof. 

1 1  To  deliver  such  rate  bill,  with  the  warrant  annexed,  to  one  of  the  collectors 
of  taxes  of  said  city,  who  shall  execute  the  same  in  like  manner  and  with  like 
effect,  with  the  other  warrants  for  the  collection  of  taxes  placed  in  his  hands. 
Or  in  their  discretion,  to  deliver  the  same  to  a  collector  to  be  appointed  by  said 
board  of  commissioners,  who  shall,  if  required  by  said  board,  execute  to  said 
commissioners  in  their  corporate  capacity,  a  bond,  with  one  or  more  sureties,  to 
be  approved  by  said  commissioners,  or  a  majority  of  them,  which  bond,  as  to  its 
penalty  and  conditions,  shall  be  the  same  as  is  by  law  required  to  be  executed  by 
the  collectors  of  school  districts;  and  the  said  board  of  commissioners  shall  have 
the  same  power  and  authority  in  regard  to  said  bond  and  the  collection  thereof,  as 
the  trustees  of  school  districts  have  by  law  in  regard  to  the  bonds  given  by 
collectors  of  school  districts ;  and  the  said  collector  shall  have  the  same  power 
in  the  execution  of  said  warrant,  that  the  collectors  of  taxes  of  said  city  have  by 
virtue  of  this  act.     {As  amended  by  L.  1844,  eh.  131.) 

12  To  have  in  all  respects  the  superintendence,  supervision  and  management 
of  the  common  schools  in  said  city,  and  from  time  to  time  to  adopt,  alter,  modify 
and  repeal,  as  they  may  deem  expedient,  rules  and  regulations  for  their  organiza- 
tion, government  and  instruction,  for  tiie  reception  of  pupils  and  their  transfer 


k 


4o8  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

from  one  school  to  another,  and  generally  for  the  promotion  of  their  good  order, 
prosperity  and  public  utility. 

13  Whenever  in  the  opinion  of  the  board  it  may  be  advisable  to  sell  any  of 
the  schoolhouses,  lots  or  sites  or  any  of  the  school  property  now  or  hereafter 
belonging  to  the  city,  to  report  the  same  to  the  common  council. 

14  To  prepare  and  report  to  the  common  council  such  ordinances  and  regula- 
tions as  may  be  necessary  or  proper  for  the  protection,  safekeeping,  care  and 
preservation  of  schoolhouses,  lots,  sites  and  appurtenances,  and  all  the  property 
belonging  to  the  city  connected  with  or  appertaining  to  the  schools,  and  to 
suggest  proper  penalties  for  the  violation  of  such  ordinances  and  regulations ;  and 
annually  to  determine  and  certify  to  the  said  common  council  the  sums  in  their 
opinion  necessary  or  proper  to  be  raised  under  the  eighth  section  of  this  act, 
specifying  the  sums  required  for  each  of  the  several  purposes  therein  mentioned. 

15  To  unite  with  the  commissioners  of  schools  of  any  adjoining  town,  and 
form,  regulate  and  alter  any  district  out  of  any  portion  of  the  said  city  and  such 
town,  whenever  they  shall  deem  it  necessary  and  proper  to  do  so,  in  which  case, 
so  far  as  such  district  or  districts  are  concerned,  the  said  board  shall,  during  the 
existence  of  such  districts,  have  the  same  powers  and  duties  which  the  com- 
missioners of  schools  in  towns  have. 

16  Between  the  first  day  of  July  and  the  first  day  of  August  in  each  year,  to 
make  and  transmit  to  the  county  clerk  a  report  in  writing,  bearing  date  the  first 
day  of  July  in  the  year  of  its  transmission,  and  stating, 

1  The  whole  number  of  districts  separately  set  ofif  within  the  said  city  in 
pursuance  of  subdivision  15  of  this  section; 

2  An  account  and  descrijition  of  all  the  common  schools  kept  in  the  said  city 
during  the  preceding  year  and  the  time  they  have  severally  been  taught; 

3  The  number  of  children  taught  in  the  said  schools  respectively,  and  the 
number  of  children  over  the  age  of  five  and  under  sixteen  years  residing  in  the 
city  on  the  first  day  of  January  of  that  year; 

4  The  whole  amount  of  school  moneys  received  by  the  treasurer  of  the  said 
city  during  the  preceding  year,  distinguishing  the  amount  received  from  the 
county  treasurer,  from  the  town  collector,  and  from  any  other  and  what  source ; 

5  The  manner  in  which  such  moneys  have  been  expended,  and  whether  any 
and  what  part  remains  unexpended,  and  for  what  cause ; 

6  The  amount  of  money  received  for  tuition  fees  during  the  year,  and  the 
amount  paid  for  teachers  wages,  in  addition  to  the  public  moneys,  with  such 
other  information  as  the  superintendent  of  common  schools  may  from  time  to 
time  require. 

§  14  All  persons  collecting  or  receiving  tuition  fees  pursuant  to  the  designation, 
or  the  warrant  of  the  said  board,  shall  be  liable  for  all  moneys  thus  collected  or 
received  by  them  in  the  same  manner  as  collectors  are  for  moneys  received  by 
tliem  for  taxes,  and  any  collector  of  the  said  city,  and  his  sureties,  shall  be 
liable  upon  his  official  bond,  for  any  default,  delinquency,  neglect  or  misconduct 
in  the  duties  with  which  he  may  be  charged  under  or  by  virtue  of  this  act,  in 


EDUCATION    CODE  409 

the  same  manner  and  with  the  hke  effect  as  for  any  other  official  default, 
delinquency,  neglect  or  misconduct ;  and  such  collector  shall  also  be  liable  to  the 
same  penalties  for  any  such  official  misconduct  as  for  any  similar  misconduct  in 
relation  to  any  other  duties  of  his  office. 

§  15  The  warrant  annexed  to  any  rate  bill,  pursuant  to  the  provisions  of  this 
act,  shall  be  under  the  hands  of  the  commissioners,  or  a  majority  of  them,  and 
shall  command  the  collector  to  collect  from  every  perSon  in  such  rate  bill  named, 
the  sum  therein  set  opposite  his  name ;  and,  in  case  any  person  so  named  shall 
not  pay  such  sum  on  demand,  to  levy  the  same,  together  with  the  fees  of  said 
collector,  by  distress  and  sale  of  goods  and  chattels  of  the  person  who  ought 
to  pay  the  same,  or  of  any  goods  and  chattels  in  his  possession,  wheresoever  the 
same  may  be  found  in  the  city  of  Utica,  and  to  make  return  of  such  warrant  to 
the  treasurer  of  said  city,  within  thirty  days  after  the  delivery  thereof.  {As 
amended  by  L.  1844,  eh.  131.) 

§  16  Such  warrants  shall  have  the  like  force  and  effect  as  warrants  issued  by 
the  boards  of  supervisors  to  the  collectors  of  towns,  and  the  collectors  of  the 
said  city  are  authorized  to  collect  the  amount  due  from  any  person  or  persons  in 
the  said  city,  in  the  same  manner  and  with  the  same  power  that  collectors  of  a 
school  district  have  for  the  collection  of  tax  or  rate  bills  issued  by  the  trustees  of 
school  districts. 

§  17  The  board  of  commissioners  shall  possess  the  same  powers  which  the 
trustees  of  school  districts  have  for  the  collection  of  tuition  fees,  which  shall  not 
be  collected  by  the  warrant  issued  by  them  with  rate  bills,  and  subject  to  the 
same  regulations ;  and  they  may  in  like  manner  as  the  trustees  of  school  districts, 
correct  and  amend  errors  in  making  out  any  rate  bill,  and  refund  to  any  person 
any  sum  improperly  collected  in  consequence  of  such  error. 

§  18  It  shall  be  the  duty  of  the  said  board  in  all  their  expenditures  and 
contracts  to  have  reference  to  the  amount  of  moneys  which  will  be  subject  to 
their  order  during  the  then  current  year,  for  the  particular  expenditures  in 
question. 

§  19  The  said  board  of  commissioners  shall  be  the  trustees  of  the  district 
library  in  said  city,  and  all  the  provisions  of  the  act  entitled  "'An  act  respecting  the 
school  district  libraries,"  passed  April  15,  1839,  and  all  other  laws  which  now  are 
or  may  hereafter  be  passed  relating  to  district  school  libraries,  shall  apply  to 
the  school  commissioners  in  the  same  manner  as  if  they  were  trustees  of  a 
school  district  comprehending  the  said  city ;  they  shall  also  be  vested  with  the 
discretion  as  to  the  disposition  of  the  moneys  appropriated  by  the  fourth  section 
of  chapter  237,  of  the  Statutes  of  1838,  which  is  therein  conferred  upon  the 
inhabitants  of  school  districts.  It  shall  be  their  duty  to  provide  a  library  room 
and  the  necessary  library  furniture,  and  appoint  a  librarian,  to  make  all  purchases 
of  books  for  the  said  library,  and  from  time  to  time  to  exchange  or  cause  to  be 
repaired  damaged  books  belonging  thereto ;  they  may  also  sell  any  books  which 
they  deem  useless,  or  of  improper  character,  and  apply  the  proceeds  to  the 
purchase  of  other  books  for  the  said  library. 


4IO  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

§  20  It  shall  be  the  duty  of  said  board,  at  least  fifteen  days  before  the  annual 
election  for  city  officers  in  each  year,  to  prepare  and  report  to  the  common  council 
true  and  correct  statements  of  the  receipts  and  disbursements  of  moneys  under 
and  in  pursuance  of  the  provisions  of  this  act  during  the  preceding  year;  in 
which  account  shall  be  stated  under  appropriate  heads, 

1  The  moneys  raised  by  the  common  council  under  the  eighth  section  of  this 
act; 

2  The  school  moneys  received  by  the  treasurer  of  the  city  from  the  county 
treasurer  and  the  collector  of  taxes  for  town  and  county  charges  in  said  city; 

3  The  moneys  received  for  tuition  fees ; 

4  All  other  moneys  received  by  the  treasurer  subject  to  the  order  of  the 
board,  specifying  the  sources; 

5  The  manner  in  which  such  moneys  shall  have  been  expended,  specifying  the 
amount  paid  under  each  head  of  expenditure ; 

And  the  common  council  shall,  ten  days  before  the  said  election  cause  the  same 
to  be  published  with  the  statement  required  to  be  published  by  the  thirty-third 
section  of  the  act  to  incorporate  the  said  city. 

§  21  The  said  board  shall  be  subject  to  the  rules  and  regulations  from  time 
to  time  made  by  the  Superintendent  of  Common  Schools  so  far  as  the  same  may 
be  applicable  to  them,  and  not  inconsistent  with  the  provisions  of  this  act. 

§  22  The  common  council  of  said  city  shall  have  the  power  and  it  shall  be 
their  duty  to  pass  such  ordinances  and  regulations  as  the  said  board  of  commis- 
sioners may  report  as  necessary  and  proper  for  the  protection,  safekeeping,  care 
and  preservation  of  the  schoolhouses.  lots,  sites,  and  appurtenances,  and  all  the 
necessary  property  belonging  to  or  conn-^cted  with  the  schools  in  said  city ;  and 
to  impose  proper  penalties  for  the  violation  thereof,  subject  to  the  restrictions  and 
limitations  contained  in  the  act  to  incorporate  the  said  city ;  and  all  such  penalties 
shall  be  collected  in  the  same  manner  that  the  penalties  for  violation  of  the  city 
ordinances  are  by  law  collected ;  and  when  collected  shall  be  paid  to  the  treasurer 
of  the  city,  and  be  subject  to  the  order  of  the  board  of  commissioners,  in  the 
same  manner  as  other  moneys  raised  pursuant  to  the  provisions  of  this  act. 

§  23  Whenever  the  said  board  shall  report  to  the  common  council  that  it  is 
advisable  to  sell  any  of  the  schoolhouses,  lots  or  sites,  or  any  of  the  school 
property  now  or  hereafter  belonging  to  the  city,  it  shall  be  the  duty  of  the 
common  council  to  sell  the  same  without  unreasonable  delay  and  upon  such 
terms  as  the  said  council  may  deem  advisable.  The  proceeds  of  all  such  sales 
shall  be  paid  to  the  treasurer  of  the  city,  and  shall  be  subject  to  the  order  of  the 
said  board,  to  be  expended  by  them  in  the  purchase,  leasing,  repairs  or  improve- 
ments of  other  schoolhouses,  lots,  school  furniture,  apparatus  or  appurtenances. 

§  24  The  title  of  the  schoolhouses,  sites,  lots,  furniture,  books,  apparatus  and 
appurtenances,  and  all  other  school  property  hereinbefore  in  this  act  mentioned, 
shall  be  vested  in  the  city  of  Utica ;  and  the  same  while  used  for  or  appropriated 
for  school  purposes  shall  not  be  liable  to  be  levied  upon  or  sold  by  virtue  of  any 
warrant  or  execution,  nor  be  subject  to  taxation  or  assessment  for  any  purpose 


EDUCATION    CODE  4^1 

whatsoever;  and  the  said  city  in  its  corporate  capacity  shall  be  liable  to  take, 
hold  and  dispose  of  any  real  or  personal  estate,  transferred  to  it  by  gift,  grant, 
bequest  or  devise  for  the  use  of  common  schools  of  the  said  city,  whether  the 
same  shall  be  transferred  in  terms  directly  to  said  city  by  its  proper  style  or 
by  any  other  designation  or  to  any  other  designation,  or  to  any  person  or 
persons  or  body  for  the  use  of  the  said  schools. 

§  25  All  former  acts  and  parts  of  acts  in  relation  to  common  and  free  schools 
in  the  said  city  inconsistent  with  the  provisions  of  this  act  are  hereby  repealed. 

Chapter  184,  Laws  of  1849 
An  act  to  amend  and  consolidate  the  several  acts  relating  to  the  city  of  Utica 
Section  106  The  board  of  commissioners  of  common  schools  may,  from  the 
moneys  received  by  them  for  the  school  district  library,  defray  the  contingent 
expenses  of  the  library  and  the  salary  of  the  librarian.  For  the  purpose  of  the 
distribution  of  any  moneys  now  or  hereafter  appropriated  by  the  State  for  the 
support  of  common  schools,  in  which  the  said  city  of  Utica  shall  be  entitled  to 
a  share,  every  one  hundred  children  between  the  ages  of  four  and  twenty-one 
years  in  said  city,  as  ascertained  in  the  last  preceding  annual  report  of  the  com- 
missioners of  common  schools  therein  or  otherwise,  according  to  law.  sliall  be 
deemed  to  be  a  school  district  for  the  purpose  aforesaid,  and  shall  be  calculated 
and  stated  accordingly  in  the  report  of  said  commissioners.  {As  amended  by 
L.  1836,  eh.  164;  L.  18 sy,  ch.  572.) 

Chapter  18,  Laws  of  1862 

An  act  to  revise  the  charter  of  the  city  of  Utica 
Section   124  The  act  entitled  "An  act  in  relation  to  common  schools  in  the  city 
of  Utica."  passed  April  7,  1842,  and  the  several  acts  amending  the  same,  shall 
continue  in  force,  excepting  where  their  provisions  are  herein  expressly  amended, 
any  thing  herein  contained  to  the  contrary  notwithstanding. 

Chapter  9,  Laws  of  1866 
An  act  to  provide  for  the  erection  of  a  new  academy  building  in  the  city  of  Utica 
This  law  authorizes  the  city  to  borrow  $25,000,  to  be  paid  in  three  equal  annual 
instalments,  by  a  tax  to  be  levied  and  collected  like  other  city  taxes,  the  money 
to  be  paid  on  the  order  of  the  commissioners  of  common  schools,  and  to  be 
expended  in  erecting  a  building  for  the  Utica  Academy. 

Chapter  269,  Laws  of  1858 
An  act  respecting  the  school  district  library  in  the  city  of  Utica 
Section    i    The  commissioners  of  common  schools  of  the  city  of  Utica   (ex 
officio  trustees  of  the  school  district  library  of  said  city),  are  hereby  authorized 


4 13  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

and  care  of  the  books  of  the  said  district  hbrary,  as  they  may  deem  expedient; 
and  may  therein  designate  and  determine  such  valuable  books  as  can  not  be 
circulated  without  material  injury,  to  be  books  of  reference,  not  to  be  taken 
from  the  library  rooms  without  the  special  permission  of  the  commissioners,  or 
the  librarian,  under  their  instructions,  and  subject  to  such  rules  and  conditions  as 
they  may  impose ;  and  they  may  also  exercise,  and  authorize  the  librarian  to 
exercise,  discretionary  power  as  to  the  delivery  of  books  to  minors  and  irrespon- 
sible persons;  any  exercise  of  such  authority  by  the  librarian,  to  be  a  subject  of 
appeal  to  the  board  of  commissioners.  The  said  commissioners  may  impose  fines 
for  the  violation  or  nonobservance  of  said  rules  and  regulation,  not  exceeding  the 
fines  authorized  to  be  imposed  by  the  trustees  of  school  district  libraries,  under 
the  general  regulations  respecting  the  same ;  and  the  rules  and  regulations  so 
made  and  adopted  by  them,  shall  be  obligatory  upon  all  persons  and  officers 
having  charge  of  said  library,  or  using  or  possessing  any  of  the  books  thereof, 
and  may  be  enforced  in  the  same  manner  that  the  said  general  regulations  con- 
cerning the  books  in  school  district  libraries,  framed  by  the  superintendent  under 
the  act  respecting  said  libraries,  passed  April  15,  1839,  may  be  enforced.  The 
said  general  regulations  framed  under  the  said  act,  shall  be  applicable  to  and 
remain  in  force  in  regard  to  the  said  library  ot  the  city  of  Utica,  except  when 
the  same  shall  be  inconsistent  with  the  rules  and  regulations  made  by  the  said 
commissioners  under  and  by  virtue  of  this  act. 

Chapter  572,  Laws  of  1857 

An  act  to  amend  certain  acts  in  relation  to  common  schools  in  the  city  of  Utica 

Section  4  All  claims  and  accounts  presented  to  the  board  of  school  commis- 
sioners shall  be  in  writing.  They  shall  be  numbered  and  filed,  and  a  brief  entry 
of  the  name  of  the  claimant,  number,  nature  and  amount  of  the  claim,  made  in  a 
book  to  be  kept  for  that  purpose,  prepared  with  appropriate  letters  and  columns, 
so  that  the  entry  shall  serve  as  an  alphabetical  index  to  the  claim. 

The  book  shall  be  provided  with  columns,  in  which  shall  be  entered  after  the 
claim,  the  date  when  audited,  and  the  amount,  if  any,  allowed  thereon. 

The  school  commissioners  shall  annually,  at  least  ten  days  before  the  charter 
election,  report  to  the  common  council  an  abstract  of  the  claims  and  accounts 
presented,  audited  and  allowed  during  the  year,  as  shall  appear  by  such  record, 
classifying  the  same  under  appropriate  heads. 

Chapter  666,  Laws  of  1873 
An  act  to  amend  certain  acts  in  relation  to  common  schools  in  the  city  of  Utica 
Besides  amending  several  sections  in  the  foregoing  as  shown  above,  in  section  6, 
confers  general  authority  upon  the  common  council  to  borrow  money  in  antici- 
pation of  taxes  voted  for  the  erection  or  enlargement  of  schoolhouses. 


EDUCATION    CODE  4I3 

Chapter  66,  Laws  of  1850 
An  act  in  relation  to  common  schools  in  the  city  of  Utica 

Section  i  The  board  of  school  commissioners  of  the  city  of  Utica  shall  an- 
nually prepare  an  estimate  of  the  amount  of  money  necessary  to  be  raised  in  said 
city,  for  the  then  ensuing  year,  for  the  payment  of  salaries  of  superintendent, 
supervisors  and  teachers  and  all  other  expenses  of  maintaining  said  common 
schools  exclusive  of  the  money  now  required,  or  which  may  hereafter  be  re- 
quired by  law  to  be  appropriated  and  apportioned  from  the  State  school  money 
for  the  use  of  common  schools  in  said  city,  and  present  the  same  to  the  board 
of  estimate  and  apportionment  of  the  city,  and  the  board  of  estimate  and 
apportionment  shall  include  such  estimate  in  its  annual  estimate  of  revenues  and 
expenses  of  the  city  for  the  fiscal  year;  but  the  sum  to  be  raised  by  virtue  of 
this  section  for  salaries  of  superintendent,  supervisors  and  teachers  shall  not 
in  any  year  exceed  in  amount  a  sum  equal  to  nineteen  dollars  for  each  pupil 
registered  in  the  common  schools  of  said  city  in  the  preceding  fiscal  year.  Which 
sum  so  raised  shall  be  called  the  teachers'  fund.  The  amount  which  said  board 
of  school  commissioners  may  determine  and  certify  as  necessary  to  be  raised 
by  taxation  for  all  the  other  expenses  of  maintaining  said  common  schools  shall 
not  exceed  in  any  one  year  the  sum  of  eight  dollars  for  each  pupil  registered  in 
said  common  schools  in  the  preceding  fiscal  year.  Which  sum  so  raised  shall  be 
called  the  contingent  fund.  The  common  council  of  the  city  of  Utica  with  the 
approval  of  the  board  of  estimate  and  apportionment  may  raise  by  temporary 
loan  in  the  year  1909  such  sums  as  may  be  determined  and  certified  to  said 
board  of  estimate  and  apportionment  by  the  board  of  school  commissioners  as 
necessary,  in  addition  to  the  sums  theretofore  put  into  the  estimate  for  the 
maintenance  of  said  common  schools  to  pay  the  expenses  of  maintaining  said 
schools  for  said  year,  but  provided  that  such  sums  when  added  to  the  sums  put 
into  the  estimate  shall  not  make  either  the  contingent  fund  or  the  teachers'  fund 
exceed  the  totals  hereinbefore  named.  {As  amended  by  L.  18^2,  ch.  2^8;  L. 
186/,  ch.  113;  L.  18/S,  ch.  666;  L.  i8jj,  ch.  24 j;  L.  1893,  ch.  pp8;  L. 
i8g8,  ch.  4ji;  L.  ipoo,  ch.  362;  L.  1904,  ch.  242;  L.  1909,  ch.  83.) 

§  2  The  said  board  of  commissioners  shall  appoint  a  superintendent  of  common 
schools  for  the  city,  to  hold  his  office  during  the  pleasure  of  the  board,  and  to 
perform  such  duties  in  the  care  and  oversight  of  the  schools  in  the  city  as  it  may 
charge  him  with.  He  shall  be  paid  such  compensation  for  his  services  as  the 
board  shall  from  time  to  time  determine,  which  shall  be  audited  and  allowed  as 
other  town  charges  are  in  the  said  city.  He  shall  have  power  to  take  affidavits 
and  acknowledgments  in  all  matters  connected  with  the  common  schools  of  said 
city.     (As  amended  by  L.  18 JS,  ch.  666.) 


414  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Chapter  272,  Laws  of  1853 
An  act  in  relation  to  the  Utica  Academy 

Section  i  After  the  passage  of  this  act,  the  commissioners  of  common  schools 
in  the  city  of  Utica,  for  the  time  being,  shall  be  the  trustees  of  the  Utica 
Academy,  and  possess  the  powers  and  perform  the  duties  which  the  present 
board  of  trustees  thereof  possess  and  are  charged  with. 

§  2  The  said  academy  shall  be  one  of  the  common  schools  of  the  said  city 
of  Utica,  but  shall  continue  subject  to  the  visitation  of  the  Regents  of  the 
University,  and  entitled  to  all  the  rights  and  privileges  which  it  has  hitherto 
possessed. 

§  3  A  majority  of  the  board  of  trustees  shall  constitute  a  quorum  to  transact 
business. 

Chapter  115,  Laws  of  1867 
An  act  in  relation  to  the  common  schools  of  the  city  of  Utica 
Section  3  It  shall  be  the  duty  of  the  treasurer  of  the  city  of  Utica,  immediately 
upon  the  receipt  by  him  of  any  money  appropriated,  raised  or  designed  for  the 
use  of  the  common  schools  of  said  city,  to  deposit  the  same  in  the  bank  or  banks 
in  which  he  is  required  to  deposit  the  moneys  of  the  said  city ;  and  to  cause  the 
same  to  be  immediately  entered  and  continually  kept  in  and  by  accounts  separate 
and  distinct  from  the  general  account  and  all  other  accounts  of  the  city  treasurer ; 
and  he  shall  cause  all  money  which  shall  be  raised  (and  be  received  by  him)  for 
the  purpose  of  buying  sites  and  building  schoolhouses  in  said  city,  to  be  kept, 
in  manner  aforesaid,  in  and  by  a  separate  account,  distinct  from  the  other 
moneys  designed  for  school  purposes.  And  the  said  moneys  for  the  use  of  the 
said  schools  herein  mentioned  shall  not  be  used,  paid  out  or  transferred  by  said 
treasurer,  or  in  any  way  whatever,  except  upon  the  order  of  the  commissioners 
of  common  schools  in  said  city,  in  the  manner  now  provided  by  law. 

Chapter  7,  Laws  of  1846 

An  act  in  relation  to  common  schools  in  the  city  of  Utica 
Section  i  When  the  board  of  commissioners  of  common  schools  of  the  city 
of  Utica  shall  be  of  opinion  that  it  is  necessary  to  erect  one  or  more  new  school- 
houses,  or  to  enlarge,  or  to  complete  or  to  furnish,  or  to  make  extraordinary 
repairs  upon  any  one  or  more  schoolhouses,  or  to  purchase  land  for  school 
purposes,  it  shall'be  their  duty  to  state  such  necessity,  with  the  reasons  therefor, 
in  a  special  written  report  to  be  made  to  the  common  council  of  said  city,  which 
report  shall  be  filed  with  the  city  clerk  not  later  than  two  months  prior  to  the 
general  election  in  said  city,  together  with  an  estimate  of  the  probable  expense  of 
such  erection,  enlargement,  furnishing,  completion,  extraordinary  repairs  or 
purchase,  but  this  act  shall  not  be  construed  as  preventing  said  board  from  using 
for  the  aforesaid  purposes  any  of  the  funds  properly  applicable  thereto  by  law 


EDUCATION    CODE  415 

111  addition  to  the  funds  provided  for  by  this  act.     (As  amended  by  L.  i8/j,  ch. 
666;  L.  1898,  ch.  4p8 ;  L.  iqoo,  ch.  36 j.) 

§  2  At  the  general  election  held  in  said  city  next  after  the  filing  of  said  report, 
the  election  officers  of  said  city  shall  submit  the  question  or  questions  so 
reported  by  said  board  to  the  electors  of  said  city  in  accordance  with  the  pro- 
visions of  the  general  election  law  for  submitting  questions  to  the  electors  of  the 
State  or  of  any  district  thereof,  and  if  the  said  board  shall  have  reported  more 
than  one  of  said  questions,  they  shall  be  separately  submitted  to  said  electors. 
(As  amended  by  L.  183/,  ch.  3/2;  L.  18/ j,  ch.  666:  L.  i8q8,  ch.  498.) 

§  3  If  the  number  of  ballots  in  favor  of  any  proposition  so  submitted  exceed 
the  number  of  ballots  against  the  same,  it  shall  be  the  duty  of  the  common 
council  in  addition  to  the  moneys  which  they  are  otherwise  authorized  by  law 
to  raise  by  tax  in  the  said  city,  to  raise  in  the  same  manner  that  moneys  are 
now  raised  for  the  ordinary  expenses  thereof,  either  in  the  ensuing  year  or  in 
one,  two,  or  three  successive  years  as  they  shall  elect,  such  sum  or  sums  of 
money  as  the  board  of  school  commissioners  in  their  said  report  or  reports  shall 
have  estimated  to  be  probably  necessary  for  the  erection,  enlargement,  furnishing, 
completion,  improvement  or  extraordinary  repair  of  any  schoolhouse  or  school- 
houses  and  for  the  purchase  of  land  for  school  purposes,  and  for  no  other  purpose 
whatever.  Provided,  however,  that  if  the  total  amount  of  money  voted  at  any 
such  election  for  any  one  or  more  questions  submitted  as  aforesaid  shall  equal 
or  exceed  the  sum  of  twenty  thousand  dollars  the  common  council  of  the  said 
city  shall  for  the  purpose  of  raising  the  sum  or  sums  so  voted,  forthwith,  upon 
the  official  canvass  and  declaring  of  the  result  of  said  vote,  borrow  money  and 
issue  the  corporate  bonds  of  said  city  to  an  amount  equal  to  the  amount  so 
voted.  Said  bonds  and  the  interest  thereon  shall  be  made  payable  at  such  times 
and  place  and  in  such  amount  as  may  be  ordered  by  the  common  council  but 
none  of  them  shall  run  for  more  than  twenty  years.  They  shall  forthwith 
be  signed  by  the  mayor  and  clerk  and  shall  bear  interest  at  a  rate  not  exceeding 
five  per  centum  per  annum.  Said  bonds  shall  not  be  sold  for  less  than  par,  and 
out  of  the  proceeds  thereof  the  city  treasurer  shall  set  apart  the  sum  voted  as 
aforesaid,  together  with  any  premium  received  on  the  sale  of  said  bonds.  The 
money  so  set  apart  shall  be  kept  by  the  city  treasurer  as  a  separate  fund  to  be 
drawn  upon  and  used  by  the  board  of  commissioners  of  common  schools  of 
said  city  for  the  sole  purpose  of  executing  the  work  specified  in  the  question  so 
submitted  and  voted  by  the  electors.  Any  sums  remaining  unexpended  after  the 
completion  and  execution  of  such  work  shall  be  transferred  by  said  treasurer, 
and  said  board  to  the  contingent  fund  of  said  board  and  thereafter  be  available 
for  the  general  uses  and  purposes  of  said  fund.  The  common  council  shall,  in 
addition  to  the  other  moneys  which  they  are  otherwise  authorized  by  law  to 
raise  by  tax  in  said  city  in  the  annual  city  tax  levy,  and  in  the  same  manner  that 
moneys  are  raised  for  ordinary  city  expenses,  raise  such  sums  as  may  be  necessary 
to  pay  the  amount  of  principal  and  interest  falling  due  during  the  ensuing  year 


k 


4l6  THE    UNIVERSITY   OF    THE    STATE   OF    NEW    YORK 

on  the  bonds  provided  for  in  this  section.     (As  amended  by  L.  i8/^,  ch.  666; 
L.  1898,  ch.  4p8;  L.  1900,  ch.  563.) 

§  4  Such  moneys  when  raised  shall  be  paid  to  the  treasurer  of  the  city  and  be 
kept  by  him  distinct  from  other  moneys  in  his  hands,  subject  to  be  drawn  by  the 
board  of  school  commissioners  for  the  expenses  of  erecting  such  proposed  school- 
house  or  schoolhouses,  or  for  the  enlargement  of  others,  and  for  no  other  purpose 
whatever,  except  that  should  any  sum  remain  after  the  erection  or  enlargement 
of  a  schoolhouse  or  schoolhouses,  the  same  shall  be  transferred  by  the  school 
commissioners  to  the  "  contingent  fund,"  so  called.  {As  amended  by  L.  18/j, 
ch.  666.) 


WATERTOWN 

Chapter  760,  Laws  of  1897 
An  act  to  revise  the  charter  of  the  city  of  Watertown 

TITLE    VI 

THE  BOARD  OF  EDUCATION 

Section  84  The  commissioners  of  education  selected  as  herein  provided  shall 
constitute  the  board  of  education  of  the  city. 

§  85  The  board  of  education  shall  provide  suitable  accommodations  and  facili- 
ties for  the  proper  instruction  of  the  children  of  the  city  and  shall  have  exclusive 
charge  and  control  of  the  public  schools  of  all  grades  in  the  city,  subject  to  the 
supervision  and  direction  vested  in  the  State  Superintendent  of  Public  Instruction 
and  The  University  of  the  State  of  New  York. 

^  86  The  board  of  education  shall  have  all  the  powers  and  duties  now  con- 
ferred or  imposed  by  law  upon  its  predecessor,  except  as  modified  by  or  incon- 
sistent with  the  provisions  of  this  act  and  in  particular,  subject  to  the  limitations 
of  this  act,  shall  have  power  and  it  shall  be  its  duty : 

1  To  organize  or  establish  such  and  so  many  schools  in  said  city,  including  the 
common  schools  now  existing  therein,  as  it  may  deem  requisite  and  expedient  and 
to  alter  or  discontinue  the  same. 

2  To  purchase  and  hire  schoolhouses  and  rooms,  lots  or  sites  for  schoolhouses 
and  to  fix  and  improve  them  as  the  board  may  deem  proper. 

3  Upon  such  lots  and  upon  any  sites  now  owned  by  said  city  to  build,  enlarge, 
alter,  improve  and  repair  schoolhouses  and  appurtenances,  as  the  board  may  deem 
advisable. 

4  To  purchase,  exchange,  improve  and  repair  school  apparatus,  books,  furni- 
ture and  appurtenances. 

5  To  contract  with,  license  and  employ  all  teachers  in  such  schools  and  at 
pleasure  to  remove  them. 

6  To  pay  the  wages  of  such  teachers  out  of  the  moneys  appropriated  and 
provided  by  law  for  the  support  of  common  schools  of  said  city  so  far  as  the 
same  shall  be  sufficient  and  the  residue  thereof  from  the  money  authorized  to 
be  raised  for  that  purpose  by  this  act  by  tax  upon  said  city. 

7  To  provide  fuel  for  the  schools  and  to  defray  all  necessary  and  contingent 
expenses  incurred  in  the  conduct  of  the  schools. 

8  To  have  in  all  respects  the  superintendence,  supervision  and  management 
of  the  schools  of  the  city,  and  from  time  to  time  adopt,  alter,  modify  and  repeal 
as  may  be  deemed  expedient,  the  rules  and  regulations  for  their  organization, 
government  and  instruction,  for  the  reception  of  pupils  and  their  transfer  from 
one  school  to  another  and  for  their  good  order,  prosperity  and  utility. 

(41 7] 
14 


4l8  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

9  Whenever  in  the  opinion  of  the  board  it  may  be  advisable  to  sell  any 
schoolhouses,  lots  or  sites  now  or  hereafter  belonging  to  the  city,  to  recommend 
such  sale  to  the  common  council,  and  when  authorized  by  the  common  council 
to  sell  the  same. 

10  To  cause  an  enumeration  of  all  the  children  between  the  ages  of  five  and 
twenty-one  years,  residing  in  said  city  to  be  made  between  the  first  day  of 
October  and  the  first  day  of  November  in  such  alternate  years  as  shall  be  required 
by  the  State  Department  of  Public  Instruction.     (As  amended  by  L.  ipo^,  ch. 

399-) 

11  To  prescribe  the  course  of  study  in  the  respective  schools  of  the  city  and 
to  designate  the  textbooks  to  be  used  therein. 

12  To  provide  for  the  examination  and  licensing  of  teachers  to  be  employed 
in  the  schools  of  the  city,  subject  to  the  laws  of  the  State  relating  thereto  and 
to  the  direction  of  the  State  Commissioner  of  Education. 

13  To  have  charge  and  defray  the  expenses  of  the  public  library  and  to  make 
all  necessary  and  proper  regulations  concerning  the  same,  subject  to  the  super- 
vision and  direction  vested  in  the  State  Superintendent  of  Public  Instruction  and 
The  University  of  the  State  of  New  York,  until  such  library  and  the  title  thereto 
shall  be  transferred  to  the  trustees  of  "  The  Roswell  P.  Flower  Memorial 
Library " ;  the  board  of  education  shall  thereupon  be  released  from  all  care, 
charge  and  expense  of  said  library  and  its  maintenance :  the  common  council, 
upon  the  request  of  the  board  of  education,  is  hereby  authorized  to  transfer 
said  library  to  the  trustees  of  '"  The  Roswell  P.  Flower  Memorial  Library." 
{As  amended  by  L.  ipoj,  ch.  jpp.) 

§  87  It  shall  be  the  duty  of  the  board  of  education,  on  the  ist  day  of  August 
in  each  year,  to  make  and  transmit  to  the  State  Commissioner  of  Education  a 
report  in  writing,  bearing  date  the  ist  day  of  August  in  the  year  of  its  trans- 
mission and  stating: 

1  The  number  of  schoolhouses  in  said  city  and  an  account  and  description  of 
all  common  schools  kept  in  said  city  during  the  preceding  year,  and  the  time 
they  have  severally  been  taught ;  the  number  of  children  taught  in  said  schools. 
respectively,  and  the  number  of  children  over  the  age  of  five  years  and  under  the 
age  of  twenty-one  years,  residing  in  said  city,  on  the  30th  day  of  June  in  each  year. 

2  The  full  amount  of  school  moneys  received  by  the  treasurer  of  said  city 
during  the  preceding  year,  distinguishing  the  amount  received  by  the  city  treasurer 
for  the  school  fund  from  the  city  tax  and  all  other  sources. 

3  The  manner  in  which  such  moneys  have  been  ex])ende(l  and  whether  any 
and  wliat  ])art  remains  unexpended  and  for  what  cause. 

4  The  amount  of  moneys  received  for  tuition  fees  from  foreign  pupils  during 
the  year  and  the  amount  paid  for  teachers'  wages  in  addition  to  the  public  moneys, 
with  such  other  information  relating  to  the  common  schools  as  may,  from 
time  to  time,' be  recjuired  from  the  State  Commissioner  of  Education. 

§  88  The  board  of  education  shall  have  power  to  enter  into  contracts  with  the 
school  districts  adjoining  the  city,  to  the  end  that  the  children  of  such  adjoin- 


I 


EDUCATION    CODE  4I9 

ing  districts  may  have  the  benefit  of  the  schools  of  the  city,  upon  such  terms 
as  may  be  agreed  upon  between  the  board  of  education  of  the  city  and  the 
trustees  of  such  adjoining  districts:  the  tuition  shall  be  paid  therefor  in  such 
manner  as  the  said  board  may  direct,  and  ])aid  immediately  to  the  city  treasurer 
for  the  use  of  said  board. 

§  89  The  board  of  education  shall  have  power  to  choose  a  superintendent  of 
public  schools,  whose  term  of  office  shall  be  at  the  pleasure  of  the  board;  such 
superintendent  shall  be  paid  such  compensation  as  the  board  may  determine,  and 
under  the  direction  of  the  board  of  education  shall  have  charge  of  the  educational 
work  of  all  the  schools  of  the  city. 

§  90  The  course  of  study  as  prescribed  by  the  board  of  education  now  existing 
in  the  city,  shall  continue  until  modified  or  changed  by  such  board. 

§  91  The  board  of  education,  as  provided  in  section  177  of  this  act,  shall 
submit  in  writing  to  the  common  council  an  estimate  of  the  expenses  of  the  said 
board  for  the  ensuing  year  as  follows : 

1  For  the  purchase,  lease  or  improvement  of  sites  for  schoolhouses. 

2  For  the  building,  purchase,  lease,  enlargement,  alteration,  improvement  and 
repair  of  schoolhouses. 

3  For  the  purchase,  exchange,  improvement  and  repair  of  school  apparatus, 
mineral  and  geological  specimens,  furniture  and  appurtenances. 

4  For  fuel,  insurance  of  school  property,  the  expenses  of  the  schools,  the 
laboratories,  cabinets,  and  necessary  and  contingent  expenses  of  said  board. 

5  For  the  payment  of  teachers'  wages  and  salary  of  the  superintendent  of 
public  schools,  aside  from  the  application  of  moneys  which  may  by  law  be 
appropriated  and  provided  for  that  purpose. 

6  For  the  miscellaneous  expenses  of  the  board  not  specifically  mentioned  in  the 
foregoing  items. 

7  An  estimate  of  the  income  of  said  board  for  the  ensuing  year  from  all 
sources  outside  of  the  city  tax. 

§  92  In  case  the  common  council  shall  ratify  the  estimates  of  expenditures  so 
submitted,  the  amount  of  such  estimates  shall  constitute  the  sum  to  be  raised 
for  the  board  of  education  by  taxation  for  the  ensuing  year ;  the  common  council 
may  modify  any  item  of  the  estimates  for  expenditures  so  submitted,  and  in 
such  case  it  shall  be  the  duty  of  the  city  clerk  to  forthwith  certify  to  the  president 
of  the  board  of  education  such  modification ;  the  board  of  education  shall  have 
power  by  the  vote  of  two-thirds  of  all  members  thereof,  at  any  regular  or  special 
meeting  called  for  that  purpose,  within  one  week  from  the  date  of  the  receipt  of 
the  certification  of  the  city  clerk  by  the  president  of  the  board  of  education,  to 
declare  by  resolution  that  the  estimated  amounts  as  submitted  to  the  common 
council,  or  a  less  sum,  in  each  case  are  necessary  for  the  conduct  of  the  schools 
for  the  ensuing  year  which  amounts  so  finally  determined  by  the  board  of 
education  shall  not  exceed  the  sum  of  twenty-one  dollars  for  the  financial  year 
of  1914 ;  twenty-two  dollars  for  the  year -1915 ;  twenty-three  dollars  for  the 
year   1916;  twenty-four  dollars   for  the  year   1917,  and  twenty-five  dollars   for 


A20  rilE    UNIVERSITY    OF    THl:,    c^niE    OF    NEW    YORK 

the  year  1918  and  each  year  thereafter  for  each  pupil  enrolled  in  the  public 
schools  during  the  preceding  year,  of  which  amount,  the  difterence  between 
nineteen  dollars  and  the  maximum  allowance  for  each  pupil  enrolled  as  given 
above  may  be  raised  in  excess  of  the  one  dollar  and  seventy  cents  on  every  one 
hundred  dollars  of  the  assessed  valuation  of  the  taxable  property  of  the  city 
as  provided  in  section  176  of  the  city  charter;  and  it  shall  be  the  duty  of  the 
city  clerk  to  forthwith  certify  such  resolution  to  the  president  of  the  common 
council,  in  which  case  it  shall  be  the  duty  of  the  common  council  to  raise  the 
amounts  so  determined  for  the  purposes  of  the  public  schools,  in  the  tax  levy 
for  the  following  year ;  in  case  the  board  of  education  shall  fail  to  adopt  such 
original  estimates,  or  a  less  sum,  as  above  provided,  within  one  week  from  the 
certification  by  the  city  clerk,  the  amounts  so  modified  by  the  common  council 
shall  constitute  the  amounts  to  be  raised  for  school  purposes  for  the  ensuing  year. 
The  board  of  education  shall  not  have  power  to  expend  any  money  in  addition  to 
the  amount  so  authorized,  and  the  amount  of  money  received  from  the  State, 
unless  specifically  authorized  so  to  do  in  the  manner  hereinafter  provided.  In 
case  the  board  of  education  shall  at  any  time  submit  to  the  common  council 
a  special  requisition  for  the  purpose  of  purchasing  a  school  site  or  sites  or  o[ 
enlarging,  furnishing,  repairing,  building,  or  rebuilding  a  schoolhouse  or  houses 
or  for  any  other  necessary  school  improvement,  and  the  common  council  shall 
within  thirty  days  after  receiving  such  requisition  fail  to  grant  the  same  out  of 
the  funds  in  its  control,  then  the  board  of  education  by  the  vote  of  two-thirds  of 
all  its  members  may  request  the  common  council  to  submit  to  a  vote  of  the  tax- 
payers of  the  city  a  proposition  to  raise  the  sum  desired  by  the  said  board  for 
any  or  all  of  such  purposes  by  special  tax  or  bonding ;  and  the  common  council 
shall  forthwith  submit  such  proposition  to  the  taxpayers  at  a  special  election  to 
be  held  pursuant  to  the  provisions  of  section  205  of  this  act,  and  shall  raise 
the  amount  voted  by  the  taxpayers  in  accordance  with  and  in  the  manner  pro- 
vided by  said  section.  The  submission  of  such  proposition  at  the  request  of 
the  board  of  education  shall  not  be  counted  or  considered  so  as  to  prevent  the 
common  council  from  submitting  to  the  taxpayers  at  a  special  election  any  other 
proposition  during  the  same  year.  (As  amended  by  L.  190^,  ch.  ^gg;  L.  190^, 
ch.  486;  L.  1914,  ch.  4.) 

§  93  The  moneys  raised  by  taxes  and  received  from  all  other  sources  on 
account  of  the  board  of  education  shall  be  paid  to  the  city  treasurer,  and  by 
him  placed  in  a  separate  fund  to  be  known  as  the  "  school  fund,"  and  the  moneys 
so  set  apart  shall  be  used  only  for  the  purposes  of  the  public  schools. 

§  94  The  school  fund  shall  be  under  the  control  of  the  board  of  education, 
subject  to  the  provisions  of  this  act,  and  shall  be  paid  out  by  the  city  treasurer 
only  upon  warrants  drawn  by  the  said  board  upon  the  city  treasurer  and  signed 
by  the  president  of  the  board  of  education,  the  city  clerk  and  the  superintendent 
of  public  schools,  stating  in  every  instance  the  name  of  the  person  or  corporation 
to  whom  the  warrant  is  payable,  the  amount  thereof,  what  the  payment  is  for 


EDUCATION    CODE  421 

and  from  what  fund  it  is  to  be  made,  with  a  reference  to  the  resoUition  author- 
izing the  payment,  specifying  the  date  thereof. 

§  95  The  superintendent  of  pubHc  schools  shall  alone  have  authority,  subject 
to  the  provisions  of  the  laws  of  the  State,  to  determine  by  examination  the 
qualifications  of  teachers,  and  the  board  shall  not  employ  any  teacher  who  has 
not  a  certificate  of  qualification  in  writing,  signed  by  the  superintendent  of  public 
schools,  and  no  teacher  without  such  certificate  shall  have  the  right  to  claim 
any  salary  as  a  teacher  from  the  board  of  education  of  the  city. 

§  96  The  common  council  shall,  upon  the  recommendation  of  the  board  of 
education,  sell  any  of  the  schoolhouses,  sites,  lots  or  any  of  the  school  property 
now  or  hereafter  belonging  to  the  said  city  upon  such  terms  as  the  common 
council  may  deem  reasonable.  The  proceeds  of  all  such  sales  shall  be  paid  to  the 
city  treasurer  and  passed  to  the  credit  of  the  school  fund,  and  shall  be  expended 
by  the  board  of  education  in  the  manner  herein  provided  in  the  purchase, 
repair  or  improvement  of  schoolhouses,  lots,  sites  or  school  furniture,  apparatus 
or  appurtenances. 

§  97  The  board  of  education  shall  have  no  power  to  purchase  lots  or  sites  for 
schoolhouses  or  to  build  or  enlarge  schoolhouses,  lots  or  sites  now  or  hereafter 
owned  by  said  city  unless  first  authorized  so  to  do  by  the  common  council. 

§  98  The  trustees  of  the  Jefferson  county  institute  are  hereby  authorized  to 
lease  for  a  term  of  years,  or  to  transfer  by  proper  deeds  of  conveyance  lo  ihe 
city  of  Watertown  the  property  of  the  Jefferson  county  institute,  real  and 
personal,  its  appurtenances  and  hereditaments  thereto  belonging  for  school  pur- 
poses; in  case  the  trustees  of  said  Jefferson  county  institute  shall  transfer  the 
said  property  to  the  city  of  Watertown,  it  may,  in  the  deed  of  conveyance, 
authorize  the  city  to  sell  and  convey  the  said  property  upon  condition  that  the 
proceeds  of  such  sale  be  expended  in  the  erection  or  enlargement  of  other  school 
building  or  buildings  by  and  under  the  direction  of  the  board  of  education. 
(As  amended  by.  L.  ipo^,  ch.  399.) 

§  99  The  high  schools  under  the  supervision  of  the  board  of  education  shall 
be  entitled  to  participate  in  the  literature,  academic  and  other  funds  appropriated 
for  classical  scholarships  and  for  the  instruction  of  common  school  teachers 
upon  proper  application  being  made  therefor,  and  shall  be  subject  to  the  super- 
vision of  the  Regents  of  The  University  of  the  State  of  New  York;  for  such 
purposes  the  usual  reports  shall  be  made  to  the  Regents  of  such  University. 


WATERVLIET 

Chapter  184,  Laws  of  igii 
An  act  to  revise  the  charter  of  the  city  of  Watervliet 

ARTICLE  xii^ 
DEPARTMENT  OF  EDUCATION 

Section  165  Board  of  education 

166  Appointment  of  school  commissioners 

167  Ciiairman  of  the  board  of  education 

168  Vacancies  in  office  of  school  commissioners 

169  Eligibility  to  office  of  school  commissioner 

170  Meetings  of  board  of  education 

171  Superintendent  of  schools  and  librarian 

172  Duty  of  city  chamberlain  as  to  custody  and  collection  of  school  moneys 

173  Payment  of  scliool  moneys 

174  Powers  of  board  of  education 
17s  Sale  of  schoolhouses 

176  Admission  of  pupils  to  schools 

177  Annual  report  to  State  Superintendent  2 

178  Annual  statement  to  be  published 

179  Basis  for  distribution  of  State  moneys 

180  Estimated  expenses  to  be  reported  to  mayor 

181  Increased  estimate^ 

182  Academy  or  high  school 

183  Bids  to  be  received  for  work  and  materials 

184  Members  of  board  not  to  receive  compensation  or  to  he  interested  in  contracts 

§  165  Board  of  education.  The  public  schools  within  the  city  of  Watervliet 
shall  be  under  the  management  and  control  of  a  board  of  education  to  be  styled 
"■  the  board  of  education  of  the  city  of  Watervliet." 

§  166  Appointment  of  school  commissioners.  The  mayor,  within  ten  days 
after  the  passage  of  this  act,  shall  appoint  five  school  commissioners.  He  shall 
appoint  one  of  these  commissioners  for  a  term  ending  January  15th,  in  the  year 
1912,  one  for  a  term  ending  January  15th,  in  the  year  191 3,  one  for  a  term  end- 
ing January  15th,  in  the  year  1914,  one  for  a  term  ending  January  15th,  in  the 
year  191 5,  and  one  for  a  term  ending  January  15th,  in  the  year  1916.  The  mayor 
shall  thereafter  annnally,  between  the  ist  and  15th  day  of  January,  appoint  one 
school  commissioner  for  a  term  of  five  years,  who  shall  enter  upon  the  term  of 
his  office  on  the  1 6th  day  of  January,  succeeding  his  appointment.  The  terms  of 
office  of  the  school  commissioners  now  in  office  shall  cease  and  terminate  upon 
the  appointment  of  the  school  commissioners  provided  for  in  this  section. 


'  Articles  II  and  V  relate  to  officers  and  article  VII  relates  to  contracts  and  supplies. 
'  So  in  the  original. 

[422] 


EDUCATION    CODE  423 

§  167  Chairman  of  the  board.  The  board  of  education  shall  hold  a  meeting 
annually  on  the  second  Tuesday  in  January  for  the  purpose  of  organization  and 
at  such  meeting  shall  elect  one  of  their  number  chairman  of  such  board.  In  case 
of  the  absence  of  the  chairman  from  the  city  or  his  inability  from  any  cause  to 
attend  a  meeting  of  such  board  the  other  members  present  may  appoint  one  of 
their  number  chairman  pro  tempore  of  such  meeting. 

§  168  Vacancies  in  office  of  school  commissioner.  All  vacancies  in  the 
ottice  of  school  commissioner  occasioned  by  death,  resignation,  removal  or  other- 
wise, shall  be  filled  by  appointment  by  the  mayor. 

§  i6y  Eligibility  to  office.  No  officer  of  the  city  of  Watervliet,  except  com- 
missioner of  deeds,  shall  be  eligible  to  the  office  of  school  commissioner  under  this 
act,  and  the  acceptance  of  any  such  office  by  any  such  commissioner  shall  vacate 
his  office  as  such  school  commissioner.  Any  member  of  the  board  of  education 
may,  for  neglect  of  duty,  or  for  either  immoral  or  official  misconduct,  be  removed 
from  office  by  the  said  board  of  education  by  a  vote  of  two-thirds  of  said  board ; 
but  before  final  action  thereon,  a  written  copy  of  the  charges  preferred  against 
said  member  shall  be  served  upon  him,  and  he  shall  be  allowed  an  opportunity  to 
explain  or  refute  them.  Any  member  of  said  board  may  resign  his  office  by  giv- 
ing one  month's  previous  notice,  in  writing,  to  the  board  of  education,  who  may, 
if  they  deem  the  reason  sufficient,  accept  the  same. 

§  170  Meetings  of  the  board.  The  board  of  education  shall  meet  for  the 
transaction  of  business  as  often  as  once  in  each  month,  and  may  adjourn  for  any 
shorter  time.  Special  meetings  may  be  called  by  the  mayor,  or,  in  case  of  his 
absence  or  inability  to  act,  by  any  member  of  the  board,  as  often  as  necessary,  by 
giving  personal  notice  in  writing  to  each  member  of  the  board,  or  by  mailing  a 
written  or  printed  notice  to  his  address,  at  least  twenty-four  hours  before  the  time 
of  such  special  meeting.  A  majority  of  the  board  shall  constitute  a  quorum  for 
the  transaction  of  business. 

§  171  Superintendent  of  schools  and  librarian.  The  board  of  education  shall 
appoint  a  superintendent  of  schools  and  a  librarian,  who  shall  hold  office  during 
the  pleasure  of  the  board,  and  whose  compensation  shall  be  fixed  by  the  board. 
The  superintendent  shall  be,  ex  officio,  secretary  of  the  board,  and  shall  keep  a 
record  of  the  proceedings  of  the  board,  and  perform  such  other  duties  as  the 
board  may  prescribe.  The  librarian  shall  have  full  charge  of  the  library  or  libra- 
ries of  the  district,  and  may  appoint  such  assistants  as  may  be  necessary,  from 
time  to  time,  and  such  assistants  may  be  removed  at  any  time  by  the  board  of  edu- 
cation. The  record  of  the  board  of  education,  or  a  transcript  thereof,  certified 
by  the  secretary,  shall  be  received  in  all  courts  as  prima  facie  evidence  of  facts 
therein  stated,  and  such  record,  the  books,  accounts,  vouchers  and  papers  of  the 
said  board  shall  at  all  times  be  subject  to  the  inspection  of  the  people  of  said  city, 
and  a  transcript  thereof  may  be  taken. 

>^  172  Duty  of  city  chamberlain  as  to  custody  and  collection  of  school 
moneys.  All  moneys  raised  by  virtue  of  this  act,  or  received  from  any  other 
source  for  the  use  of  the  public  schools  in  said  city,  shall  be  safely  kept  by  the 


424  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

chamberlain  of  the  city  of  Watervliet  to  the  credit  of  tlie  school  fund,  until  drawn 
as  hereinafter  provided  for,  and  he  shall,  at  the  proper  time  in  each  year,  draw 
upon  the  county  treasurer,  or  other  proper  officer,  for  all  moneys  appropriated  to 
said  city  or  the  schools  in  said  city  from  the  common  school,  literature  or  other 
funds  of  this  State  ;  and  he  is  hereby  authorized  to  receive  the  same. 

§  173  Payment  of  school  moneys.  The  chamberlain  shall  pay  out  the  moneys 
received  by  him  only  upon  drafts  drawn  by  the  chairman  and  countersigned  by 
the  secretary  of  the  board  of  education,  which  drafts  shall  not  be  drawn  except  in 
pursuance  of  a  resolution  or  resolutions  of  said  board,  and  shall  be  payable  to  the 
person  or  persons  entitled  to  receive  the  money  thereon.  The  chamberlain,  when 
required  to  do  so  by  the  board  of  education,  shall  make  to  them  a  written  statement 
of  the  moneys  received  and  disbursed  by  him  on  their  account,  together  with  the 
amount  in  his  hands  at  the  time  of  such  statement. 

§  174  Powers  of  board  of  education.  The  said  board  of  education  shall  have 
power  and  it  shall  be  their  duty ; 

1  To  organize,  establish  and  maintain  such  and  so  many  schools  in  said  city, 
including  the  common  schools  now  existing  therein,  as  they  shall  deem  requisite 
and  expedient,  and  to  alter  and  discontinue  the  same. 

2  To  purchase  and  hire  schoolhouses  and  rooms,  lots  or  sites  for  schoolhouses, 
and  to  fence  and  improve  them. 

3  Upon  the  lots  and  sites  owned  by  said  city,  build,  enlarge,  alter,  improve  and 
repair  schoolhouses,  outhouses  and  appurtenances  as  they  may  deem  expedient. 

4  To  purchase,  exchange,  improve  and  repair  school  apparatus,  books  for  indi- 
gent pupils,  furniture  and  appendages,  and  to  provide  for  fuel  for  the  schools  and 
to  pay  the  necessary  insurance  on  buildings  and  school  property. 

5  To  have  the  custody  and  safekeeping  of  the  schoolhouses  and  all  school  prop- 
erty, and  to  see  that  the  regulations  of  the  board  in  relation  thereto  be  observed. 

6  To  contract  with  and  employ  all  teachers  in  said  schools  and  for  sufficient 
cause  to  remove  them. 

7  To  pay  the  salaries  of  such  teachers  out  of  the  money  appropriated  or  pro- 
vided by  law  for  the  support  of  public  schools  in  said  city,  or  by  this  act. 

8  To  defray  the  necessary  contingent  expenses  of  the  board  and  to  pay  the  sala- 
ries of  the  superintendent  and  librarian. 

9  To  license  teachers  employed  in  the  schools  of  said  city  as  provided  in  the 
Education  Law,  but  no  teacher  heretofore  duly  licensed  under  the  provisions  of 
Mie  Education  Law,  to  teach  within  the  territory  of  the  city  of  Watervliet,  shall 
be  required  to  take  out  any  other  license  to  qualify  said  teacher  in  any  of  the 
schools  of  said  city,  until  the  expiration  of  the  license  now  held  by  said  teacher. 

10  To  have,  to  the  exclusion  of  all  boards  and  officers,  except  the  Commissioner 
of  Education  of  this  State,  and  the  Regents  of  the  University,  the  entire  supervi- 
sion and  management  of  the  schools  of  said  city,  and  to  maintain  therein  an  acad- 
emy or  high  school;  from  time  to  time  to  adopt,  alter,  modify  and  repeal,  as  they 
may  deem  expedient,  rules  and  regulations  for  the  organization,  government  and 
instruction  of  said  schools,  and  for  the  reception  of  pupils  and  their  transfer  from 


EDUCATION    CODE  425 

one  class  to  another  or  from  one  school  to  another,  and  generally  for  their  good 
order,  prosperity  and  utility. 

II  Whenever,  in  the  opinion  of  said  board,  it  may  be  advisable  to  sell  any 
of  the  schoolhouses,  lots  or  sites,  or  any  of  the  school  property  now,  or  here- 
after, belonging  to  the  city,  to  report  the  same  to  the  common  council. 

§  175  Sale  of  schoolhouses,  et  cetera.  The  common  council  of  said  city 
may,  upon  the  recommendation  of  the  board  of  education,  sell  any  of  the  school- 
houses,  lots  or  sites,  or  any  other  school  property  now  or  hereafter  belonging 
to  said  city,  upon  such  terms  as  the  said  board  of  education  may  deem  reason- 
ble.  The  proceeds  of  all  such  sales  shall  be  paid  to  the  chamberlain  of  the  city, 
and  shall  be  by  the  said  board  of  education  again  expended  in  the  construction, 
repairs  or  improvements  of  other  schoolhouses,  lots,  sites  or  school  furniture, 
apparatus  or  appurtenances. 

§  176  Admission  of  pupils  to  schools.  The  schools  herein  provided  for 
shall  be  free  to  all  pupils  between  the  age  of  5  and  21  years  who  are  actual  resi- 
dents of  said  city.  The  board  of  education  shall  decide  all  questions  of  resi- 
dence arising  under  this  section.  The  said  board  may  allow  the  children  of 
nonresidents  to  attend  the  schools  of  said  city  and  shall  prescribe  the  rates  of 
tuition  of  such  nonresidents,  payable  always  in  advance;  provided,  that  if  such 
nonresident  pupils,  their  parents  or  guardians,  shall  be  liable  to  be  taxed  for 
the  support  of  said  schools,  on  account  of  owning  property  in  said  city,  the 
amount  of  any  such  tax  paid  by  a  nonresident  pupil,  his  parent  or  guardian, 
during  the  same  year  in  which  the  charge  for  tuition  was  incurred,  shall  be 
deducted  from  such  charge  for  tuition. 

§  177  Annual  report  to  Commissioner  of  Education.  Said  board  of  educa- 
tion shall  anually  make  and  transmit  to  the  Commissioner  of  Education  a  report 
in  writing,  which  report  shall  be  in  such  form  and  including  such  information 
as  shall  be  required  by  the  Commissioner  of  Education. 

§  178  Annual  statement  to  be  published.  Said  board  of  education  shall, 
on  or  before  November  15th  in  each  year,  prepare  and  publish  in  the  official 
newspaper  of  the  city  of  Watervliet,  if  such  there  be,  a  true  and  correct 
statement  of  the  receipts  and  disbursements  under  the  provisions  of  this  title 
for  the  preceding  year  ending  the  31st  day  of  October,  in  which  account  shall 
be  stated,  under  appropriate  heads : 

1  The  amount  of  money  raised  by  the  city  taxes  for  the  support  of  pubhc 
schools  for  the  current  year. 

2  The  school  moneys  received  by  the  chamberlain  of  the  city  from  the  county 
treasurer. 

3  All  other  moneys  received  by  said  chamberlain  subject  to  the  order  of  the 
board  of  education,  specifying  the  sources  from  which  they  shall  have  been 
received. 

4  The  manner  in  which  such  sums  of  money  shall  have  been  expended, 
specifying  the  amount  under  each  head  of  expenditures,  and  the  person  or 
persons  to  whom  the  money  has  been  paid. 


426  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

5  Such  other  information  as  they  shall  deem  proper  in  regard  to  the  con- 
dition of  the  schools  under  their  care. 

g  179  Basis  for  distribution  of  State  moneys.  For  the  purpose  of  distribu- 
tion of  any  money  now  or  hereafter  appropriated  by  the  State,  for  the  support 
of  common  schools,  or  for  supervisors'  quotas  the  said  city  shall  be  entitled  to 
share  in  all  of  such  moneys  on  the  basis  provided  in  the  Education  Law  for  such 
apportionment  to  cities. 

§  180  Estimated  expenses  to  be  reported  to  mayor.  The  board  of  education 
shall,  on  or  before  the  ist  day  of  November  in  each  year,  declare  and  certify  to 
to  the  mayor  of  the  city  the  amount  over  and  above  the  State  moneys  applicable 
toward  the  support  of  common  schools  in  said  city,  by  them  deemed  necessary 
for  the  purposes  and  uses  of  said  board  during  the  ensuing  fiscal  year  of  the 
city,  other  than  for  building  or  enlarging  or  purchasing  of  schoolhouses  and  the 
purchase  of  lots  and  sites  therefor,  not,  however,  exceeding  the  sum  of  fifty 
thousand  dollars,  which  amount  so  recommended  shall  be  inserted  by  the 
common  council  in  the  next  annual  tax  levy,  unless  the  same  shall  be  reduced 
by  the  board  of  estimate  and  apportionment  when  such  reduced  amount  shall 
be  inserted  in  the  annual  tax  levy  unless  the  board  of  education  shall  by  a  vote 
of  two-thirds  of  its  members  reject  the  same.  If  such  reduced  amount  be  so 
rejected  then  the  original  amount  recommended  by  the  board  of  education  shall 
be  inserted  in  the  tax  levy. 

§  181  Whenever  the  enrolment  of  pupils  in  the  public  schools  of  said  city 
shall  exceed  the  enrolment  for  the  school  year  ending  July  31,  1.910,  the  board 
of  education  shall  have  authority  to  include  in  its  estimated  expenses  to  the 
mayor  a  sum  in  addition  to  the  fifty  thousand  dollars  provided  for  in  the 
preceding  section  an  amount  equal  to  ^ewenty-six  dollars  per  capita  on  the 
excess  of  such  enrolment  over  the  enrolment  for  the  said  year  ending  July 
31,  1910. 

§  182  Academy  or  high  school.  The  academy  or  high  school  established  in 
connection  with  the  school  system  of  the  city  of  Watervliet  shall  be  recognized 
as  one  of  the  academies  of  the  State,  subject  to  the  visitation  of  the  Regents, 
and  shall  be  entitled  to  participate  in  the  distribution  of  the  income  of  the 
literature  fund  and  other  funds  in  the  same  manner  and  upon  the  same  condi- 
tions as  other  academies  of  the  State,  and  the  Regents  of  The  I'niversity  of 
the  State  of  New  York  shall  pay  annually  the  same  to  said  city  as  provided  in 
the  Education  Law. 

§  183  Bids  to  be  received  for  work  and  materials.  Every  contract  for  work 
and  materials,  or  either  of  them,  to  be  performed  or  furnished  in  the  erection, 
alteration,  improving  or  repairing  of  school  buildings,  fences  or  outhouses,  when 
the  value  of  such  work  and  materials,  or  either  of  them,  shall  exceed,  in  any 
contract,  the  sum  of  fifty  dollars,  shall  be  awarded  by  the  board  of  education 
to  the  lowest  bidder  therefor,  who  shall  provide  satisfactory  security   for  the 


*  So  in  the  original. 


EDUCATION    CODE  427 

faithful  performance  of  his  duty  under  such  contract,  and  the  performance  of 
all  such  work  and  the  furnishing  of  all  such  materials,  where  the  value  of  such 
work  and  materials,  or  either  of  them,  shall  exceed  said  sum  of  fifty  dollars, 
shall  be  let  by  contract.  Whenever  it  shall  be  necessary  for  said  board  of 
education  to  receive  bids  under  the  provisions  of  this  section,  it  shall  give 
reasonable  public  notice,  stating  the  nature  of  the  work  and  materials,  or  either 
of  them  required,  and  specifying  the  time  and  place  at  which  such  bids  will 
be  received  by  it  and  the  security  required,  which  shall  accompany  each  bid, 
but  said  board  of  education  shall  reserve  the  right  to  reject  any  and  all  bids 
presented  pursuant  to  this  section,  when  public  interest  so  requires. 

>j  184  Members  of  board  not  to  receive  compensation,  or  to  be  interested 
in  contracts.  No  member  of  said  board  of  education  shall  receive  any  pecuniary 
compensation  for  his  services  as  such  member,  nor  shall  any  member  or  officer 
of  the  board  participate  in  the  profits  arising  from  any  transaction  or  contract 
entered  into  by  the  board  or  any  member  thereof  as  such,  or  be  interested 
therein  in  any  manner  whatever.  Any  person  violating  any  provision  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor. 

Chapter  140,  Laws  of  1908  ^ 

An  act  to  establish  a  retirement  fund  for  pensioning  retired  teachers,  supervisors, 
superintendents  and  principals  of  the  public  schools  in  the  city  of  Watervliet, 
and  to  regulate  the  collection,  management  and  disbursement  thereof 
Section  i  The  president  of  the  board  of  education  of  the  city  of  Watervliet 
aiid  seven  teachers  of  the  public  schools  of  the  city  of  WatervHet,  of  which 
teachers  three  shall  be  school  principals,  shall  constitute  a  board  of  trustees,  who 
shall  have  the  general  care  and  management  of  the  public  school  teachers  retire- 
ment fund  created  by  this  act.  In  the  month  following  the  passage  of  this  act 
and  in  the  same  month  in  each  year  thereafter,  a  meeting  of  all  the  teachers, 
supervisors,  superintendents  and  principals  of  the  public  schools  of  the  city  of 
Watervliet  shall  be  called  by  the  superintendent  of  schools  of  the  city  of  Water- 
vliet, at  which  time  and  place  three  school  principals  and  four  teachers,  then  in 
active  service,  shall  be  chosen  by  the  assembled  teachers,  supervisors,  super- 
intendents and  principals,  to  serve  for  a  term  of  one  year  upon  the  board  of 
trustees  hereinbefore  mentioned.  The  said  board  of  trustees  is  empowered  to 
make  payment  from  said  fund  of  the  annuities  granted  in  pursuance  of  this 
act ;  to  take  all  necessary  and  proper  action  in  the  premises  and  to  make  such 
by-laws,  rules  and  regulations  as  may  be  necessary  or  proper ;  and  to  provide  for 
the  administration  and  investment  of  said  fund  as  it  may  deem  best,  except  that 
no  part  of  said  fund  shall  be  invested  in  any  manner  except  as  approved  by  the 


'  The  teachers  of  tliis  city  have  abandoned  the  local  retirement  act  and  have  come  under 
the  general  law  relating  to  the  retirement  of  teachers  pursuant  to  section  iiog-b  of  the 
Education  Law.  The  act  has  not  been  specifically  repealed  but  by  the  action  of  the 
teachers  of  this  city  it  has  been  superseded  by  the  general  law. 


428  THE   UNIVERSITY  OF  THE  STATE  OF   NEW   YORK 

mayor  of  the  city  of  Watervliet,  or  otherwise,  than  as  the  savings  banks  of  the 
state  are  by  law  permitted  to  invest  their  funds.  All  vacancies  occurring  other- 
wise than  by  the  expiration  of  term  in  the  office  of  either  or  any  of  the  seven 
members  of  said  board  of  trustees  chosen  from  the  teachers  shall  be  filled  until 
the  end  of  the  official  year  by  the  appointment  of  the  said  board  of  trustees.  In 
case  any  trustee  chosen  or  appointed  as  aforesaid  shall  cease  to  be  such  teacher  or 
principal  such  trusteeship  shall  at  once  become  vacant. 

§  2  The  public  school  teachers  retirement  fund  created  by  this  act  shall 
consist  of  the  following  moneys  with  interest  or  income  therefrom,  to  wit : 

a  Five  per  centum  annually  of  the  excise  moneys  to  which  the  city  of  Water- 
vliet may  from  May  i,  1908,  be  entitled  by  virtue  of  the  provisions  of  the  liquor 
tax  law  of  the  State  of  New  York.  Said  sum  shall  be  paid  into  said  pension 
fu«d  and  duly  credited  thereto  by  the  proper  officials  of  said  city, 

b  One  per  centum  of  the  respective  salaries  paid  to  the  superintendents  of 
hihools,  supervisors,  principals  and  teachers  regularly  employed  in  the  public 
schools  of  said  city ;  except  that  the  amount  deducted  from  any  one  salary  shall 
not  exceed  twelve  dollars  in  any  one  year. 

c  All  forfeitures  and  deductions  of  or  from  the  salary  of  any  superintendent, 
supervisor,  principal  or  teachers  employed  irj  the  public  schools  of  said  city,  for 
an  absence  from  duty  for  any  cause.  Such  forfeitures  and  deductions  shall  be 
paid  into  said  pension  fund  and  duly  credited  thereto  by  the  proper  officials  of 
said  city. 

d  All  surplus  funds  appropriated  by  said  city  for  the  payment  of  salaries  in  the 
department  of  education.  Such  surplus  shall  be  paid  into  said  pension  fund  and 
duly  credited  thereto  by  the  proper  officials  of  said  city. 

e  All  donations,  legacies,  and  gifts  which  shall  be  made  to  said  fund,  and  all 
moneys  which  shall  be  obtained  from  other  sources  or  by  other  means  devised 
for  the  increase  of  said  fund  by  said  board  of  trustees  or  with  their  consent. 

§  3  The  board  of  education  of  the  city  of  Watervliet  in  making  payrolls  of 
the  superintendent,  supervisors,  principals  and  teachers  hereinbefore  mentioned 
shall  deduct  from  each  and  every  payroll  said  one  per  centum  from  each  and  every 
amount  payable  in  the  period  covered  by  the  said  payroll  and  shall  certify  the 
amount  of  said  deductions  and  the  names  of  the  persons  from  whose  salaries  such 
deductions  have  been  made ;  and  such  certificate  shall  accompany  the  payroll,  and 
a  warrant  for  the  amount  of  the  deductions  so  certified  shall  be  drawn  payable  to 
the  city  chamberlain  who  shall  retain  the  same,  subject  to  the  disposal  of  said 
board  of  trustees,  as  hereinafter  provided. 

§  4  The  chamberlain  of  said  city  shall  be  the  custodian  of  said  fund;  and  all 
orders  made  payable  from  this  fund  shall  be  made  upon  the  vote  of  said  board  of 
trustees.  Said  orders  to  be  signed  by  its  president  and  countersigned  by  the  city 
chamberlain. 

§  5  The  board  of  education  of  the  city  of  Watervliet  shall  have  power,  on 
the  recommendation  of  said  board  of  trustees,  to  retire  from  service  to  become 
an  annuitant  under  this  act,  any  superintendent,  supervisor,  principal  or  teacher 


EDUCATION    CODE  4^9 

of  the  public  schools  of  said  city  who  shall  have  served  in  such  capacity  or 
capacities  for  an  aggregate  period  of  thirty  years,  provided  that  not  less  than 
fifteen  years  of  such  service  shall  have  been  rendered  in  the  public  schools  which 
are  now  or  may  hereafter  be  located  within  the  boundaries  of  said  city  of 
W'atervliet,  or  any  such  superintendent,  supervisor,  principal  or  teacher  who  is 
mentally  or  physically  incapacitated  for  the  performance  of  duty  and  who  has 
been  engaged  in  the  work  of  superintending,  teaching  or  supervising  for  a  period 
aggregating  twenty  years,  not  less  than  fifteen  years  of  which  shall  have  been 
in  the  public  schools  which  are  now  or  hereafter  may  be  located  within  the 
boundaries  of  said  city.  Any  superintendent,  supervisor,  principal  or  teacher 
in  the  public  schools  of  said  city  who  shall  have  served  in  such  capacity  or 
capacities  for  a  period  of  thirty  years,  or  who  is  mentally  or  physically  incapaci- 
tated for  the  performance  of  duty  and  who  has  been  engaged  in  the  work  of 
superintending,  teaching  or  supervising  for  a  period  aggregating  twenty  years 
may,  with  the  consent  of  such  board  of  education,  retire  from  service  to  become 
an  annuitant  under  this  act,  provided  that  not  less  than  fifteen  years  of  such 
service  shall  have  been  performed  in  the  public  schools  which  are  now  or  hereafter 
may  be  located  within  the  boundaries  of  said  city  of  Watervliet.  Any  person 
retired  after  twenty  years  of  service  but  with  less  than  thirty  years  of  service, 
shall  receive  an  annuity  which  bears  the  same  ratio  to  the  annuity  provided  for  on 
retirement  for  thirty  years  of  service  as  the  total  number  of  years  of  service  of 
such  person  bears  to  thirty  years. 

§  6  The  said  board  of  education  of  the  city  of  Watervliet  shall  have  power  to 
retire  from  service  to  become  an  annuitant  under  this  act  any  superintendent, 
supervisor,  principal  or  teacher  who  shall  have  served  in  such  capacity  or 
capacities  for  an  aggregate  period  of  forty  years,  provided  that  not  less  than 
fifteen  years  of  such  service  shall  have  been  rendered  in  the  public  schools  which 
are  now  or  hereafter  may  be  located  within  the  boundaries  of  the  city  of  Water- 
vliet. and  also  provided  that  at  the  time  of  such  retirement  the  retirement  fund 
herein  created  shall  be  adequate  to  pay  the  full  annuity  to  which  such  annuitant 
shall  be  entitled.  Any  such  superintendent,  supervisor,  principal  or  teacher  who 
shall  have  served  in  such  capacity  or  capacities  for  an  aggregate  period  of  forty 
years  may  voluntarily  retire  from  such  service  to  become  an  annuitant  under  this 
act,  provided  that  not  less  than  fifteen  years  of  such  service  shall  have  been 
rendered  in  the  })ublic  schools  which  are  now  or  liereafter  may  be  located  within 
the  boundaries  of  the  said  city  of  Watervliet. 

§  7  Annuities  paid  in  pursuance  of  this  act  shall  be  one-half  of  the  amount 
of  the  annual  salary  of  the  annuitant  at  the  time  of  retirement  from  service, 
except  as  provided  in  section  five  of  this  act,  and  except  that  no  annuity  shall  be 
more  than  six  hundred  dollars,  annually,  but  if  the  moneys  at  the  disposal  of  the 
trustees  of  said  fund  be  found  at  any  time  inadequate  to  fully  carry  out  the 
provisions  hereinbefore  mentioned,  the  trustees  shall  then  distribute  said  moneys 
pro  rata  to  the  persons  entitled  to  participate  in  said  fund,  and  such  distribution 
shall  be  in  full  of  all  annuities  then  due. 


430  THE   UNIVERSITY  OF  THE  STATE  OF   NEW   YORK 

§  8  No  person  who  shall  retire  or  be  retired  to  become  an  annuitant  under  this 
act  shall  be  entitled  to  such  annuity  unless  and  until  such  person  shall  have  con- 
tributed to  the  teachers  retirement  fund  in  pursuance  of  subdivision  b  of  section 
2  of  this  act,  or  in  cash  or  by  accumulation  of  the  annuity  to  which  such  person 
would  otherwise  be  entitled,  or  by  either  or  all  of  such  methods,  an  amount  equal 
to  at  least  twenty  per  centum  of  his  or  her  annual  salary  at  the  time  of  retire- 
ment. All  annuities  provided  for  by  this  act  shall  be  payable  in  monthly  instal- 
ments. 

§  9  No  annuity  shall  be  paid  from  the  teachers  retirement  fund  until  September 
I,  191 1  :  but  any  person  duly  qualified  who  shall  retire  or  be  retired  from  service 
before  that  time  and  within  three  years  before  this  act  shall  take  effect,  shall 
not  be  deemed  to  have  forfeited  the  right  to  become  an  annuitant  under  the 
provisions  of  this  act. 

§  10  If  at  any  time  a  superintendent,  supervisor,  principal  or  teacher  shall  be 
dismissed  for  cause  before  the  time  when  he  or  she  would,  under  the  provisions 
of  this  act,  be  entitled  to  an  annuit}-,  then  said  person  shall  be  paid  back,  without 
interest,  all  the  money  which  may  have  been  deducted  from  his  or  her  salary 
in  pursuance  of  subdivision  b  of  section  2  of  this  act. 

§  II  The  said  board  of  trustees  shall  annually  render  to  the  chamberlain  of 
the  city  of  Watervliet  a  full  account  of  the  condition  of  the  teachers  retirement 
fund,  its  amount,  the  manner  of  its  investment  and  all  receipts  and  disbursements 
on  account  of  said  fund  during  the  years,  and  said  chamberlain  shall  include  said 
statement  in  his  annual  report. 


WHITE  PLAINS 

Chapter  356,  Laws  of  1915 
An  act  to  incorporate  the  city  of  White  Plains 

ARTICLE    X 

DEPARTMENT  OF  PUBLIC  INSTRUCTION 
Section  257  City  one  school  district 

258  Department  of  public  instruction 

259  Meetings  of  board  and  appointment  of  president  and  clerk 

260  Powers  and  duties  of  board  of  education 

261  Purchases  exceeding  two  hundred  and  fifty  dollars 

262  Superintendent  of  schools 

263  Powers  and  duties  of  superintendent  of  schools 

264  Appointment  of  teachers 

265  New  sites  and  new  buildings 

266  School  budget 

267  Preparation,  revision  and  approval  of  budget 

268  School  funds 

§  257  City  one  school  district.  The  territory  included  within  the  boundaries 
of  the  city  of  White  Plains  shall  constitute  and  be  one  union  free  school  district. 
Such  school  district  shall  be  entitled  to  and  have  all  the  rights,  powers,  privileges, 
public  moneys  and  other  benefits  conferred  by  law  or  otherwise  upon  schools  and 
union  free  school  districts  and  shall  be  subject  to  all  the  rules  and  regulations,  in- 
spection and  superintendence  applicable  to  schools  and  union  free  school  districts, 
except  as  herein  provided. 

§  258  Department  of  public  instruction,  i  A  department  of  public  instruc- 
tion in  and  for  the  city  of  White  Plains  is  hereby  established.  The  affairs  of  said 
department  shall  be  under  the  general  management  and  control  of  a  board  of 
education,  composed  of  five  members,  to  be  called  the  members  of  the  board  of 
education  and  to  be  elected  as  hereinafter  provided. 

2  No  person  shall  be  eligible  to  the  office  of  member  of  the  board  of  education 
who  has  not  been  a  resident  of  the  city  or  of  the  territory  comprised  within  the 
city  for  a  period  of  at  least  five  years  immediately  preceding  the  date  of  his 
appointment. 

3  Within  ten  days  after  this  act  takes  effect  the  mayor  shall  appoint  five  mem- 
bers of  the  board  of  education  as  follows:  One  to  serve  until  April  i,  1916,  one 
to  serve  until  April  i,  1917,  one  to  serve  until  April  i,  1918,  one  to  serve  until 
April  I,  1919,  one  to  serve  until  April  i,  1920. 

4  Thereafter,  on  or  before  the  31st  day  of  March  or^  each  year  preceding  the 
expiration  of  the  term  of  office  of  a  member  of  the  board  of  education,  the  mayor, 
shall  appoint  a  successor  to  hold  office  for  a  term  of  five  years  from  and  including 
the  I  St  day  of  April  in  the  year  in  which  he  is  appointed. 

^  So  in  original.  [43M 


432  THE  UNIVERSITY  OF  THE  STATE  OF   NEW   YORK 

5  If  a  vacancy  occurs  in  the  office  of  a  member  of  a  board  of  education,  the 
mayor  shall  fill  such  vacancy  by  the  appointment  of  a  member  for  the  remainder 
of  such  term. 

6  Such  members  of  the  board  of  education  shall  serve  without  pay. 

§  259  Meetings  of  board  and  appointment  of  president  and  clerk,  i  Upon 
the  appointment  of  said  members  of  the  board  of  education,  the  superintendent  of 
s.-hools  shall  call  a  meeting  of  the  board  to  be  held  at  the  rooms  usually  occupied 
by  the  board  of  education  by  giving  at  least  three  days'  written  notice  to  each 
member  thereof,  and  stating  the  hour  at  which  the  meeting  will  be  held.  At  such 
meeting  the  board  shall  elect  one  of  its  members  president  who  shall  exercise  all 
the  powers  usually  incident  to  such  office.  Such  board  shall  also  appoint  a  suit- 
able person,  other  than  a  member  thereof,  secretary  of  such  board,  shall  determine 
his  duties,  and  shall  fix  his  compensation. 

2  The  annual  meeting  of  said  board  shall  be  held  on  the  first  Tuesday  in  April 
at  which  time  the  board  shall  select  its  president  and  secretary  for  the  ensuing 
year. 

3  Said  board  sh'all  also  fix  a  time  for  holding  regular  board  meetings  and  shall 
prescribe  a  method  for  calling  special  meetings  of  such  board. 

§  260  Powers  and  duties  of  board  of  education.  The  board  of  education 
shall  possess  the  following  powers  and  be  charged  with  the  following  duties : 

1  To  perform  any  duty  imposed  upon  boards  of  education  or  trustees  of  com- 
mon schools  under  the  Education  Law  or  other  general  statutes,  or  the  regulations 
of  The  University  of  the  State  of  New  York  or  the  Commissioner  of  Education, 
relating  to  public  education  so  far  as  they  may  be  applicable  to  the  schools  of  a 
city  of  such  classes  and  not  inconsistent  with  the  provisions  of  this  act. 

2  To  appoint  a  qualified  person  other  than  a  member  thereof,  superintendent 
of  schools,  and  determine  the  salary  of  such  superintendent. 

3  To  appoint  from  time  to  time,  as  required  by  law,  such  teachers,  medical  in- 
spectors, nurses,  attendance  officers,  janitors,  and  such  other  experts  in  educa- 
tional work,  and  such  other  employees,  as  said  board  shall  determine  necessary 
for  the  efficient  management  of  the  schools,  and  to  fix  their  compensation. 

4  To  have  the  care,  custody  and  safe-keeping  of  all  school  property,  real  and 
personal,  except  as  herein  provided,  and  to  prescribe  rules  and  regulations  for  the 
preservation  and  protection  of  such  property. 

5  To  provide  such  school  apparatus,  maps,  globes,  furniture  and  other  equip- 
ment as  may  be  necessary  for  the  proper  and  efficient  management  of  such  schools, 
and  also  to  provide  free  textbooks  and  other  supplies  to  all  the  children  attending 
the  schools  of  such  city. 

6  To  provide  such  free  elementary  schools,  high  schools,  night  schools,  open- 
air  schools,  vocational  and  industrial  schools,  part-time  or  continuation  schools, 
vacation  schools,  schools  for  the  mentally  and  physically  defective  children,  and 
schools  for  adults  as  such  board  shall  determine  necessary. 

7  To  provide  school  libraries  which  may  be  open  to  the  public,  and  to  establish 


I 


EDUCATION    CODE  433 

and  equip  playgrounds,  athletic  centers,  social  centers,  lecture  courses,  and  read- 
ing and  recreation  rooms  whenever  financial  provision  shall  be  made  therefor  by 
the  municipal  authorities. 

8  To  determine  the  general  courses  of  study  which  shall  be  given  in  the  schools 
and  to  approve  the  context  of  such  courses  before  they  become  operative. 

9  To  determine  and  adopt  the  textbooks  to  be  used  in  the  schools,  upon  the 
recommendation  of  the  superintendent  of  schools. 

ID  To  prescribe  such  regulations  as  may  be  necessary  for  the  conduct  of  the 
proceedings  of  said  board  and  for  the  general  management,  control  and  discipline 
of  the  schools. 

II  To  make  all  ordinary  repairs  of  buildings  and  grounds  where  no  single 
item  of  such  repairs  exceeds  two  hundred  and  fifty  dollars. 

^  261  Purchases  exceeding  two  hundred  and  fifty  dollars.  x\ll  supplies  or 
material  purchased  for  the  school  system,  the  purchase  price  of  which  exceeds 
two  hundred  and  fifty  dollars,  shall  be  made  by  the  commissioner  of  public  works, 
on  the  recommendation  and  approval  of  the  board  of  education. 

§  262  Superintendent  of  schools,  i  No  person  who  is  not  employed  as  a 
superintendent  of  schools  in  a  city  in  this  State  at  the  time  this  law  goes  into 
eflfect  shall  be  eligible  to  the  position  of  superintendent  of  schools  who  is  not  a 
graduate  of  a  college  approved  by  The  University  of  the  State  of  New  York,  and 
who  has  not  had  at  least  five  years'  successful  experience  in  teaching  or  in  the 
supervision  of  schools. 

2  The  superintendent  of  schools  shall  hold  office  for  a  period  of  six  years. 
Charges  of  incompetency,  maladministration  or  misconduct  in  office  may  be  pre- 
ferred in  writing  against  the  superintendent.  Thereupon  the  board  shall  proceed 
to  hear  such  charges  and  if  such  charges  are  sustained  by  an  aflirmative  vote  of 
a  majority  of  the  board,  the  superintendent  shall  be  dismissed  from  his  office. 

§  263  Powers  and  duties  of  superintendent  of  schools.  The  superintendent 
of  schools  shall  possess  the  following  powers  and  be  charged  with  the  following 
duties : 

1  To  enforce  all  provisions  of  law  and  all  rules  and  regulations  relating  to  the 
management  of  the  schools  and  to  be  the  chief  executive  officer  of  the  school 
system. 

2  To  prepare  an  outline,  and  the  scope  of  the  work  to  be  included  therein,  for 
each  of  the  courses  of  study  authorized  by  the  board  of  education,  and  to  submit 
the  same  to  such  board  for  its  approval,  and,  when  thus  approved,  to  see  that 
such  courses  of  study  are  used  in  the  grades  and  schools  for  which  they  are 
authorized. 

3  To  recommend  to  the  board  of  education  suitable  textbooks  to  be  used  in  the 
various  grades  and  subjects  taught  in  the  curriculums  of  the  schools. 

4  To  transfer  teachers  from  one  school  to  another,  or  from  one  grade  to 
another. 

5  To  have  general  supervision  over  all  the  teachers  employed  in  the  schools, 
and  over  all  other  employees  of  the  board  of  education,  and  to  report  to  said 
board  violations  of  regulations  and  cases  of  insubordination,  and  to  suspend  a 


434  THE   UNIVERSITY  OF  THE  STATE  OF   NEW   YORK 

teacher  or  other  employee  until  the  next  reg'ular  meeting  of  the  board,  when  all 
facts  relating  to  the  case  shall  be  submitted  to  the  board  for  determination.  In 
such  cases  the  accused  party  shall  have  the  right  to  appear  before  the  board. 

6  To  have  general  supervision  and  direction  over  the  enforcement  and  ob- 
servance of  the  courses  of  study,  and  the  examination  and  promotion  of  pupils. 

7  To  have  general  supervision  and  direction  over  the  work  of  all  special  ex- 
perts employed  in  the  school  system  and  over  matters  pertaining  to  playgrounds, 
medical  inspection,  athletic  and  social  center  work,  libraries,  and  all  the  educa- 
tional activities  under  the  management  of  the  board  of  education. 

§  264  Appointment  of  teachers,  i  The  principal  of  each  school,  directors, 
supervisors  and  other  educational  experts,  shall  be  appointed  by  the  board  of 
education,  upon  the  recommendation  of  the  superintendent  of  schools,  and  shall 
hold  their  positions  during  good  behavior  and  shall  be  removable  for  cause  only, 
after  a  hearing,  by  the  affirmative  vote  of  at  least  a  majority  of  the  board. 

2  All  other  teachers  shall  be  appointed,  on  recommendation  of  the  superin- 
tendent of  schools,  for  a  probationary  period  of  not  to  exceed  two  years.  At  the 
expiration  of  such  term,  the  superintendent  of  schools  shall  make  a  written  re- 
port to  the  board  of  education  recommending  for  regular  appointment  those 
teachers  whom  he  has  found  competent  and  efficient.  The  board  of  education 
may  thereupon  appoint  to  the  teaching  force  of  the  city  those  teachers  for  whom 
satisfactory  reports  are  submitted  by  the  superintendent  of  schools.  Thereafter, 
such  teachers  shall  hold  their  positions  during  good  behavior  and  shall  be  re- 
movable for  cause  only,  after  a  hearing,  by  the  affirmative  vote  of  a  majority  of 
the  board. 

3  No  teacher  shall  be  appointed  to  the  teaching  force  of  any  such  city  who  does 
not  possess  the  qualifications  prescribed  under  the  Education  Law  and  under  the 
regulations  prescribed  by  the  Commissioner  of  Education  for  the  certification  of 
teachers  employed  in  the  schools  of  the  cities  of  the  State. 

4  On  and  after  January  i,  19 16,  the  minimum  annual  salary  of  teachers  em- 
ployed in  all  elementary  schools  shall  be  six  hundred  a,nd  fifty  dollars  and  in  all 
secondary  schools  seven  hundred  and  fifty  dollars.  The  superintendent  of  schools 
shall  make  an  annual  written  report  to  the  board  of  education  stating  the  names 
of  those  teachers  whom  he  has  found  to  be  competent  and  to  have  rendered 
efficient  service.  The  salary  of  each  elementary  teacher  included  in  such  report 
shall  thereupon  be  increased  annually  in  the  sum  of  fifty  dollars  for  each  year  of 
such  employment,  until  the  annual  salary  of  each  such  teacher  shall  ecjual  the  sum 
of  nine  hundred  dollars  and  the  salary  of  each  secondary  teacher  shall  be  in- 
creased annually  in  the  sum  of  fifty  dollars  for  each  year  of  such  employment 
until  the  annual  salary  of  each  such  teacher  shall  equal  the  sum  of  twelve  hun- 
dred dollars. 

5  A  teacher  whose  name  is  not  included  in  the  report  of  the  superintendent  of 
schools  as  doing  efficient  work  for  two  successive  years  shall  be  discontinued  as 
a  member  of  the  teaching  force  of  the  city  unless  a  majority  of  the  members  of 
the  board  of  education  shall  vote  to  retain  such  teacher. 


EnUC.\TION    CODE  435 

6  The  common  council  shall  have  authority,  on  the  recommendation  of  the 
board  of  education,  to  increase  the  salaries  to  be  paid  the  teachers  of  such  city 
above  the  amount  expressed  in  the  preceding  subdivision. 

§  265  New  sites  and  new  buildings,  i  Whenever,  in  the  judgment  of  the 
board  of  education,  the  needs  of  the  city  require  a  new  school  building,  or  when- 
ever one  of  the  present  buildings  should  be  repaired,  remodeled  or  enlarged,  such 
board  shall  pass  a  resolution  specifying  in  detail  the  necessities  therefor,  and  shall 
estimate  the  amount  of  money  necessary  for  such  purpose,  and  shall  forward 
such  resolution  and  estimate  to  the  mayor  and  the  common  council. 

2  Whenever,  in  the  judgment  of  the  board  of  education,  it  is  necessary  to 
select  a  new  site,  or  to  enlarge  a  present  site,  or  to  designate  a  playground,  or 
athletic  center,  such  board  shall  pass  a  formal  resolution  stating  the  necessity 
therefor  and  describing  by  metes  and  bounds  the  grounds  or  territory  desired  for 
each  of  these  purposes.  Such  resolution,  when  adopted,  shall  be  forwarded  to 
the  mayor  and  the  common  council. 

3  The  common  council  shall  thereupon  consider  such  resolutions  and  may 
call  for  such  additional  information  from  ths  board  of  education  as  appears 
necessary.  The  common  council  may  authorize  the  issuance  of  bonds  to  raise 
funds  to  meet  the  expenses  to  be  incurred  for  any  of  such  purposes.  If  a  bond 
issue  is  authorized  for  such  purpose,  the  city  authorities  shall  issue  such  bonds 
pursuant  to  the  provisions  of  law  and  in  the  form  for  which  bonds  are  issued 
for  ail  city  purposes. 

4  The  plans  and  specifications  for  repairing,  remodeling,  or  enlarging  a  school 
building,  and  for  the  construction  of  new  school  buildings  shall  be  prepared  by  the 
engineering  department  of  the  city.  The  common  council  may,  however,  obtain 
such  plans  and  specifications  through  competition  or  such  board  may  authorize 
the  employment  of  an  architect  to  prepare  such  plans  and  specifications. 

5  No  school  building  shall  be  constructed,  no  grounds  shall  be  improved  or 
otherwise  changed,  and  no  school  building  shall  be  remodeled,  repaired,  or  en- 
larged until  the  plans  and  specifications  therefor  are  submitted  to  the  board  of 
education  and  approved  by  a  majority  vote  of  that  body. 

6  The  construction,  repairing  and  remodeling  of  school  buildings  and  the  con- 
struction, repairs,  purchase  or  improvements  of  buildings,  sites  and  other  prop- 
erty authorized  under  the  provisions  of  this  act  and  the  awarding  of  contracts 
therefor  shall  be  in  accordance  with  the  provisions  of  law  governing  the  construc- 
tion, repairs,  and  improvements  of  public  works  and  municipal  buildings  in  said 
city. 

§  266  School  budget.  On  or  before  the  ist  day  of  July  in  each  year  the 
board  of  education  shall  prepare  a  budget  for  the  ensuing  calendar  year,  of  such 
sums  of  money  as  it  may  deem  necessary  for  the  following  purposes,  after  de- 
ducting therefrom  the  amount  anticipated  in  the  next  apportionment  of  school 
funds  from  the  State : 

I  The  salary  of  the  superintendent  of  schools,  of  all  teachers,  of  all  profes- 
sional experts,  of  all  medical  inspectors  and  nurses,  of  truant  officers,  of  janitors. 


436  THE    UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

and  of  all  other  employees  of  the  school  system,  appointed  or  employed  by  the 
board  of  education. 

2  All  other  necessary  incidental  and  contingent  expenses  including  the  ordi- 
nary repairs  of  buildings,  the  purchase  of  fuel  and  light,  supplies,  textbooks, 
repairs  and  purchases  of  school  apparatus,  books,  furniture  and  fixtures,  and 
other  articles  and  service  necessary  for  the  maintenance,  operation,  and  support 
of  the  school  system  of  the  city. 

ij  267  Preparation,  revision  and  approval  of  budget,  i  The  board  of  edu- 
cation shall  give  the  mayor  olhcial  notice  of  its  meeting  at  which  the  aforesaid 
budget  is  prepared,  and  the  mayor  may  attend  such  meeting  and  shall  be  accorded 
the  right  of  inquiry  into  any  item  of  such  budget,  and  all  the  privileges  in  said 
meeting  of  the  members  of  said  board  except  the  privilege  of  voting.  When 
the  board  of  education  shall  have  finally  determined  on  the  statement  of  expenses 
for  the  items  indicated  in  the  preceding  section,  it  shall  present  the  same  to  the 
mayor,  or  the  acting  mayor,  of  the  city.  If  the  mayor,  or  acting  mayor,  approves 
such  statement  he  shall  sign  it  and  immediately  file  it  with  the  city  clerk. 

2  If  the  mayor  disapproves  the  same,  or  any  item  therein,  he  shall  within  five 
days  return  such  budget  to  the  president  of  the  board  of  education  with  his 
objections  thereto  indorsed  thereon.  The  board  shall  then  proceed  to  reconsider 
said  budget  and  if  five  of  the  members  of  said  board  vote  in  favor  of  said  budget 
it  shall  stand  as  if  it  had  been  approved  by  the  mayor,  and  shall  immediately  be 
filed  with  the  city  clerk.  If  five  of  the  members  of  said  board  do  not  vote  for 
the  adoption  of  such  budget,  it  shall  be  modified  so  as  to  conform  to  the  views 
expressed  by  the  mayor  in  his  objection,  or  the  board  shall  present  to  the  mayor, 
as  in  the  first  instance,  a  new  budget. 

3  If  the  mayor  approves  such  new  budget,  he  shall  sign  it  and  file  it  with  the 
city  clerk,  but  if  the  mayor  does  not  approve  any  item  therein  he  shall  within 
three  days  return  the  same  with  his  objections  as  before.  The  board  of  educa- 
tion shall  continue  to  present  budgets  as  aforesaid  until  the  mayor's  approval  is 
obtained,  or  until  five  of  the  members  of  said  board  vote  in  favor  of  such  budget 
over  the  mayor's  objection.  Such  budget,  when  thus  approved  or  passed,  shall 
be  filed  with  the  city  clerk.  If  the  mayor  fails  to  sign  a  statement  of  the  budget 
required  as  herein  provided,  or  fails  to  return  the  same  with  his  objections  thereto 
to  the  board  of  education  within  five  days  after  its  submission  to  him,  such  state- 
ment shall  be  filed  with  the  city  clerk  in  the  same  manner  as  if  it  had  been  ap- 
proved. 

4  When  such  statement  is  finally  filed  with  the  city  clerk,  the  common  council 
for  said  city  shall  include  in  the  annual  tax  and  assessment  roll  for  such  year 
the  amount  specified  in  such  final  statement,  and  the  same  shall  be  collected  by 
the  commissioner  of  finance,  who  shall  credit  it  to  the  school  funds  of  the  depart- 
ment of  public  instruction. 

§  268  School  funds,  i  Public  moneys  apportioned  to  said  city,  or  belonging 
to  said  city  and  received  from  any  source  whatsoever,  and  all  funds  raised  or 
collected  by  the  authorities  of  said  city  for  school  purposes  or  to  be  used  by  the 


EDUCATION    CODE  437 

board  of  education  for  any  purpose  authorized  in  this  act,  shall  be  paid  to  the 
commissioner  of  finance  of  such  city,  who  shall  keep  the  same  separate  from  the 
general  funds  of  the  city  and  shall  credit  all  such  funds  to  the  department  of 
public  instruction. 

2  Such  funds  shall  be  disbursed  by  a  vote  of  the  board  of  education  and  upon 
written  orders  drawn  on  the  commissioner  of  finance,  which  orders  shall  be 
signed  by  the  superintendent  of  schools  and  the  secretary  of  the  board  of  educa- 
tion. Such  orders  shall  be  numbered  consecutively  and  shall  specify  the  purpose 
for  which  they  are  drawn  and  the  person  or  corporation  to  whom  they  are  pay- 
able. All  purchases  made  under  the  provisions  of  section  261  of  this  act  shall 
be  paid  by  the  board  of  education,  after  such  purchases  have  been  delivered  to 
and  accepted  by  such  board,  and  when  the  bills  therefor  are  submitted  in  itemized 
form  and  approved  by  the  board  or  body  authorized  to  make  such  purchase.  All 
claims  shall  be  audited  by  the  commissioner  of  finance. 

3  It  shall  be  unlawful  for  the  commissioner  of  finance  of  said  city  to  permit 
the  use  of  such  funds  for  any  purpose  other  than  that  for  which  they  are  author- 
ized. The  commissioner  of  finance  shall  render  to  the  board  of  education  a 
monthly  statement  showing  the  amount  of  funds  available  and  the  specific  pur- 
poses for  which  they  may  be  expended. 


§  292  Apportionment  of  State  and  county  taxes.  .  .  .  Said  board  of 
supervisors,  shall  also,  at  their  first  annual  session  after  the  passage  of  this  act, 
fix  and  determine  the  proportional  share  or  amount  of  the  floating  and  bonded 
indebtedness  of  the  several  school  districts,  part  of  which  are  included  in  said 
city,  incurred  and  existing  at  the  time  of  the  passage  of  this  act,  to  be  chargeable 
upon  the  city  of  White  Plains,  and  the  proportional  share  or  amount  thereof 
chargeable  to  the  part  of  each  of  such  several  school  districts,  not  included  in 
the  boundaries  of  said  city. 

Said  board  of  supervisors,  in  determining  the  proportion  which  shall  be  charge- 
able to  said  city  and  school  districts  not  included  in  the  boundaries  of  said  city, 
shall  be  governed  by  the  proportion  of  the  assessed  valuation  of  the  property 
of  said  city  and  several  school  districts  not  included  in  the  boundaries  of  said 
city,  and  the  amount  chargeable  to  the  city  of  White  Plains  shall  bear  such  pro- 
portion to  the  whole  amount  of  such  floating  and  bonded  indebtedness  as  the 
assessed  valuation  of  the  property  in  said  city  of  White  Plains,  formerly  in  such 
school  district,  bears  to  the  aggregate  amount  of  the  assessment  roll  of  such  school 
districts,  respectively,  on  the  last  preceding  assessment  roll  of  such  school  dis- 
trict. The  portion  of  the  indebtedness  so  apportioned  shall  become  a  charge  for 
principal  and  interest  upon  the  city  of  White  Plains  and  the  respective  towns 
and  school  districts  as  though  the  same  had  been  incurred  by  said  city,  towns 
and  school  districts  separately.  After  the  passage  of  this  act  the  said  city  of 
White  Plains,  shall,  for  all  purposes  relating  to  the  assessment  and  collection  of 
taxes,  be  and  constitute  a  separate  and  distinct  township  in  said  county  of 
Westchester. 


438  THE    UNIVERSITY   OF    THE    STATE    OF    NEW    YORK 

§  295  Collection  of  taxes.  This  act  shall  in  no  wise  apply  to  or  affect  the 
collection  of  the  town,  county  or  State,  village  or  school  taxes,  the  warrant  for 
collection  of  which  may  be  in  the  hands  of  the  receiver  of  taxes  of  the  towns  of 
North  Castle  and  Greenburgh,  and  all  steps  and  means  now  provided  by  the 
statute  for  the  collection  of  said  taxes  may  at  any  time  hereafter  be  taken  and 
enforced  as  is  now  provided  by  statute  for  delinquent  taxes,  and  when  the  same 
shall  be  collected  they  shall  be  disposed  of  in  the  same  manner  as  though  this 
act  had  not  become  a  law,  except  as  otherwise  provided  by  this  act. 

§  297  Towns  of  North  Castle  and  Greenburgh,  and  school  districts  con- 
tinued. The  balance  of  the  towns  of  North  Castle  and  Greenburgh,  not  included 
within  the  bounds  of  the  city  of  White  Plains,  shall  be  separate  and  distinct  towns 
with  all  the  rights  and  privileges  of  a  town  as  provided  by  law  and  shall  be 
known  as  the  towns  of  North  Castle  and  Greenburgh;  and  the  portions  of  the 
several  school  districts  not  included  in  the  boundaries  of  said  city  shall  be  sepa- 
rate ^nd  distinct  school  districts  with  all  the  rights  and  privileges  of  a  school  dis- 
trict as  provided  by  law  ;  all  officers  of  said  towns  and  school  districts  who  shall 
be  residents  of  the  same  as  hereby  altered  shall  continue  to  hold  their  offices 
for  the  time  and  in  the  manner  prescribed  by  law ;  all  officers  holding  office  either 
by  election  or  appointment,  who  shall  cease  to  be  residents  of  the  towns  of  North 
Castle  and  Greenburgh,  or  of  the  several  school  districts,  in  consequence  of  the 
alteration  of  said  towns  and  school  districts  hereby  shall  be  deemed  to  have 
vacated  their  offices  from  the  day  when  this  act  shall  take  effect,  as  if  they  had 
removed  from  the  towns  or  school  districts,  except  as  in  this  act  otherwise  pro- 
vided. All  vacancies  caused  as  above  stated  shall  be  filled  by  the  respective  town 
board  and  school  districts  as  provided  by  law. 


I 


YONKERS 

Chapter  452,  Laws  of  1908 

An  act  to  supplement  the  general  laws  relating  to  the  government  of  the  city 

of  Yonkers,  and  to  revise  and  consolidate  the  local  laws  relating  thereto 

ARTICLE  IX 

DEPARTMENT  OF  PUBLIC  INSTRUCTION 

Section  i  The  title  of  the  schoolhouses,  sites,  lots,  furniture,  books,  apparatus, 
appurtenances,  and  of  all  other  school  property,  connected  with  or  constituting 
part  of  the  public  school  system  of  the  city  shall  be  vested  in  the  city  of  Yonkers. 
The  city  may  in  its  corporate  capacity  take  and  hold  any  personal  or  real 
property  transferred  to  it  by  grant,  gift,  devise  or  bequest,  in  trust,  for  the 
benefit  of  the  schools  of  the  city,  or  any  of  them,  whether  said  property  be 
transferred  in  terms  to  said  city,  by  its  corporate  name,  or  by  any  other 
designation,  or  to  any  person  or  body  for  the  benefit  of  said  schools  or  any  of 
them. 

§  2  The  head  of  the  department  of  public  instruction  shall  be  the  board  of 
education,  which  shall  be  composed  of  fifteen  trustees,  residents  of  the  city. 
The  term  of  office  of  each  trustee  shall  be  five  years,  and  shall  commence  on 
the  I  St  day  of  July  following  his  appointment.  The  trustees  now  in  office  shall 
continue  to  serve  for  the  balance  of  the  terms  for  which  they  were  respectively 
appointed,  and  between  the  ist  and  15th  days  of  June  in  each  year,  the  mayor 
shall  appoint  by  a  certificate  in  writing  filed  in  the  office  of  the  city  clerk,  three 
trustees  to  succeed  the  trustees  whose  terms  of  office  shall  expire  in  such  year. 
Trustees  of  the  board  of  education  shall  be  deemed  city  officers. 

§  3  The  annual  meeting  of  the  board  shall  be  held  on  the  second  Tuesday  of 
July  in  each  year  at  eight  o'clock  in  the  afternoon.  At  such  meeting,  the  board 
shall  appoint  by  ballot  from  their  number  a  president  and  vice  president  to 
serve  for  one  year,  and  a  secretary  and  assistant  secretary,  who  shall  not  be 
members  of  the  board,  to  serve  during  its  pleasure. 

§  4  The  board  of  education  shall  appoint  as  herein  provided,  to  serve  during 
its  pleasure : 

a  A  superintendent  of  public  schools. 

b  All  school  principals  and  teachers. 

c  All  janitors  and  compulsory  education  officers,  subject  to  the  restrictions 
imposed  b>-  the  general  laws  of  the  State. 

d  Such  other  officers  and  employees  as  it  may  deem  necessary  for  the  proper 
discharge  of  its  administrative  duties. 

§  5  The  board  shall  establish,  control,  maintain  and  provide  for  the  public 
schools,  the  public  school  system,  and  the  general  educational  interests  of  the 

U39! 


440  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

city,  and  manage  and  control  the  property,  real  and  personal,  which  belongs  to 
the  city  and  is  used  for  the  purposes  of  education,  subject  only  to  the  general 
statutes  of  the  state  relating  to  public  schools  and  public  school  instruction  and  to 
the  provisions  of  this  act. 

§  6  The  board  shall  have  power: 

a  To  establish,  control  and  maintain  kindergartens,  common  schools,  high 
schools,  manual  training  and  industrial  schools,  including  provision  for  special 
studies  and  social  improvement,  vacation  schools,  training  schools  for  teachers, 
and  truant  schools ;  to  discontinue  or  consolidate  schools ;  and  to  supervise, 
maintain  and  equip  playgrounds  estabhshed  by  the  common  council. 

b  To  change  the  grades  of  any  or  all  schools,  and  to  adopt  and  modify 
courses  of  study  therefor. 

c  To  license  teachers  for  the  schools  of  the  city,  and  to  fix  a  standard  of 
qualifications  as  a  necessary  requirement  for  the  service  of  all  principals  and 
teachers  in  the  schools  of  the  city,  which  requirement  may  be  higher  but  not 
lower  than  the  minimum  qualifications  required  by  the  laws  of  the  State  and 
the  provisions  of  this  act, 

d  As  hereinafter  provided,  lease  or  improve  sites  for  schoolhouses ;  to  build, 
purchase,  lease,  enlarge,  improve,  alter  and  repair  schoolhouses  and  appurte- 
nances; to  purchase,  improve,  exchange  and  repair  schools,  apparatus,  books, 
furniture  and  appendages ;  and  in  general  to  provide  for  all  the  requirements 
of  the  schools  under  its  control. 

e  To  fill  for  the  unexpired  term  any  vacancies  which  may  occur  in  the  offices 
or  positions  by  it  appointed  or  filled. 

/  To  allow  the  children  of  persons  not  residents  of  the  city  to  attend  the 
schools  under  the  care  and  control  of  the  board,  upon  the  payment  of  such 
tuition  and  upon  such  terms  as  the  board  may  by  resolution  prescribe. 

g  To  adopt  rules  and  regulations  for  the  proper  transaction  of  its  business ; 
for  defining  the  duties  of  its  officers  and  employees,  and  for  the  proper  execution 
of  all  powers  vested  in  and  duties  imposed  upon  it  by  law. 

h  To  fix  within  the  proper  appropriation  of  moneys  therefor,  the  salary  and 
compensation  of  all  officers  and  employees  appointed  by  it ;  provided,  however, 
that  nothing  herein  contained  shall  prevent  said  board  from  contracting  for  the 
services  of  any  of  its  appointees  for  a  period  not  exceeding  one  year,  beginning 
on  the  1st  day  of  September  in  any  year,  at  a  definite  compensation  payable  in 
equal  monthly  instalments.     {As  amended  by  L.  igog,  ch.  ^6^.) 

§  7  Under  the  direction  of  the  board,  the  secretary  shall  have  charge  of  the 
rooms,  books,  papers  and  documents  of  the  board,  except  such  as  pertain  to 
the  office  and  duties  of  the  superintendent.  He  must  perform  such  duties  as 
may  be  required  of  him  by  the  board,  its  committees  or  members.  He  shall 
have  the  right  to  administer  oaths  and  take  acknowledgments,  but  without  fee. 
He  shall  be  the  clerk  of  the  board,  and  must  keep  or  cause  to  be  kept  a  record 
of  the  proceedings  thereof.  He  must  also  keep  or  cause  to  be  kept  a  set  of 
records,  showing  the  receipts  and  expenditures  of  the  board.     Said  expenditures 


EDUCATION    CODE  44I 

must  be  subdivided  so  as  to  show  the  cost  of  maii)taining  each  school  separately 
and  the  supplies  used  therein.  He  must  also  keep  or  cause  to  be  kept  a  series 
of  receipts,  to  be  signed  by  either  the  principals  or  janitors,  certifying  to  all 
repairs  and  improvements  made  and  all  supplies  received  for  the  respective 
buildings  and  premises.  All  the  books,  accounts,  vouchers  and  papers  of  the 
board  must  at  all  times  be  subject  to  the  inspection  of  the  common  council  and 
of  any  committee  thereof.  A  copy  of  any  record  of  the  board  certified  by  the 
president,  secretary  or  assistant  secretary  may  be  used  in  evidence  in  the  same 
manner  as  if  the  original  was  produced.  The  assistant  secretary  shall  be 
vested  with  the  powers  and  perform  the  duties  of  the  secretary  during  the 
absence  or  incapacity  of  the  secretary  and  shall  perform  such  other  duties  as 
may  from  time  to  time  be  assigned  to  him  by  the  board. 

§  8  No  person  shall  be  eligible  to  be  appointed  as  superintendent,  unless  he 
is  a  graduate  of  a  college  or  university  recognized  by  the  Regents  of  the  State 
of  New  York,  and  has  had  at  least  ten  years'  experience  as  a  practical  educator. 

§  9  Under  the  direction  of  the  board,  the  superintendent  shall  have  power, 
and  it  shall  be  his  duty  to  enforce  the  laws  of  the  State  applicable  to  the  public 
schools  of  the  city  and  all  the  rules  and  regulations  of  the  board,  except  as  herein 
provided.  He  must  visit  the  schools  of  the  city  as  often  as  he  can  consistently 
with  his  other  duties,  and  inquire  into  the  character  of  the  instruction,  management 
and  discipline,  and  provide  suitable  registers,  blanks,  forms  and  regulations  for 
making  all  reports  and  for  conducting  all  necessary  business  connected  with  the 
school  system,  and  he  must  cause  the  same,  with  such  information  and  instruction 
as  he  deems  condurive  to  the  proper  organization  and  government  of  the  schools  to 
be  transmitted  to  the  persons  entrusted  with  the  execution  of  the  same.  He  must 
report  to  the  board  from  time  to  time,  as  he  may  be  required  or  deem  necessary, 
a  statement  of  the  condition  of  the  schools  and  all  such  matters  relating  to  his 
office,  and  such  plans  and  suggestions  for  the  improvement  of  the  schools  and  for 
the  advancement  of  public  instruction  in  the  city,  as  he  may  deem  expedient. 
He  must  recommend  the  number  of  teachers  necessary  for  each  of  the  several 
schools  and  must  nominate  for  appointment  all  principals,  teachers,  special 
teachers  and  supervisors.  He  may,  whenever  occasion  requires,  and  unless 
otherwise  directed  by  the  board,  appoint  supply  teachers  and  assign  them  to 
duty,  and  he  may  temporarily  transfer  principals,  teachers  and  pupils  from  one 
school  to  another.  It  shall  be  his  duty  to  maintain  proper  discipline  in  the 
management  and  conduct  of  the  schools  and  he  may  in  his  discretion  suspend 
for  a  period  not  longer  than  till  the  next  stated  meeting  of  the  board  any 
pupil  guilty  of  misconduct  or  insubordination,  and  shall  report  such  suspension  at 
the  next  stated  meeting  of  the  board.  It  shall  be  his  duty  to  report  to  the 
board  inefficiency  of  principals,  teachers  and  employees.  He  must  enforce  the 
compulsory  education  law  and  direct  compulsory  education  officers  in  the 
discharge  of  their  duties.  At  the  annual  meeting  of  the  board,  he  shall  present 
an  annual  report,  giving  an  account  of  the  duties  he  has  performed  during  the 


442  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

year,  together  with  such  recommendations  for  promoting  the  usefulness  and 
success  of  the  schools  as  he  may  deem  proper.  The  report  shall  show  the 
number  and  names  of  teachers  employed  in  the  several  schools  of  the  city, 
the  salary  paid  to  each,  the  length  of  time  each  has  taught  in  the  city,  the  number 
of  pupils  enrolled  in  each  of  the  schools,  and  the  average  attendance  —  which 
report  shall  be  printed  by  the  board. 

§  lo  It  shall  be  the  duty  of  the  board  to  prepare  and  transmit  to  the  common 
coimcil  within  ten  days  after  the  close  of  the  fiscal  year,  its  annual  report,  which 
shall  contain  correct  statements  of  the  receipts  and  disbursements  of  money 
during  such  fiscal  year,  in  which  account  must  be  stated  under  appropriate 
heads : 

a  The  money  raised  by  the  common  council  under  the  provisions  of  this  act. 

h  The  school  moneys  received  by  the  city  treasurer  from  the  county  treasurer 
or  the  state. 

c  All  other  moneys  received  by  the  city  treasurer,  subject  to  the  order  of  the 
board,  specifying  the  same  and  the  sources  thereof. 

d  The  manner  in  which  sums  of  money  have  been  expended,  specifying  the 
amount  paid  under  each  head  of  expenditure,  and  whether  any  part  of  any  such 
fund  remains  unexpended. 

e  Whether  any  and  what  claims  or  bills  against  the  department,  or  obligations 
incurred  by  said  department,  remain  unpaid. 

/  A  full  account  of  the  condition  of  the  teachers  retirement  fund,  its  amount, 
the  manner  of  its  investment,  and  all  receipts  and  disbursements  on  account  of 
said  fund  during  the  year.  With  such  report  shall  be  transmitted  the  annual  report 
of  the  superintendent  to  the  board  of  education. 

§  II  Whenever  the  board  of  education  shall  deem  it  advisable  to  purchase  or 
improve  land  for  school  purposes,  or  to  build,  enlarge,  improve  or  alter  school- 
houses  and  appurtenances,  or  make  any  other  improvement  or  extension  of  the 
school  system,  it  shall  submit  to  the  common  council  and  to  the  board  of  estimate 
and  apportionment  a  statement  setting  forth  such  purchase,  improvement  or 
extension  of  the  school  system  deemed  by  it  advisable.  If  such  purchase,  im- 
provement or  extension  shall  be  approved  by  the  common  council  and  by  the 
board  of  estimate  and  apportionment,  the  board  of  education  shall  thereafter  pro- 
ceed with  such  purchase,  improvement  or  extension,  and  may  acquire  or  improve 
such  lands  or  let  contracts  for  the  construction  or  other  improvement  of  school 
buildings  or  property.  After  such  approval  the  common  council  shall  have 
power  from  time  to  time,  by  ordinance,  which  before  it  shall  take  effect  shall 
be  approved  by  the  board  of  estimate  and  apportionment,  to  authorize  bonds  of 
the  city  to  be  issued  and  sold  in  the  manner  provided  by  law  and  the  proceeds 
thereof  applied  to  the  payment  of  the  cost  of  any  such  purchase,  improvement 
or  extension  or  to  the  payment  of  temporary  loans  or  notes  or  certificates  of  in- 
debtedness incurred  or  issued  as  hereinafter  provided.  The  common  council 
shall   also  have  power  by   ordinance,   which  before   it   shall   take   effect   shall 


EDUCATION    CODE  443 

be  approved  by  the  board  of  estimate  and  apportionment,  to  authorize  the  comp- 
troller to  borrow  from  time  to  time  in  the  name  and  on  the  credit  of  the  city, 
moneys  to  the  extent  required  to  pay  such  cost,  or  to  repay  any  moneys  bor- 
rowed under  this  section  with  interest  thereon  when  not  represented  by  bonds, 
and  to  issue  notes  or  certificates  of  indebtedness  of  the  city,  or  both,  payable 
either  on  demand  or  at  a  fixed  time  not  more  than  six  months  from  the  date 
thereof  and  bearing  interest  not  exceeding  six  per  centum  per  annum;  and  to 
sell  the  same  at  public  or  private  sale,  or  to  pledge  the  same  as  collateral  for 
temporary  loans.     (As  amended  by  L.  1909,  ch.  365.) 

§  12  Whenever  the  board  of  education  shall  report  to  the  common  council 
that  it  is  unable  to  purchase  real  estate,  rights  or  easements  deemed  necessary  by 
it  for  school  purposes,  the  common  council  may  pass  an  ordinance  containing  a 
description  of  the  real  estate,  rights  or  easements  to  be  acquired,  and  declaring 
its  intention  to  acquire  the  same,  and  that  it  deems  the  same  necessary  for  munic- 
ipal purposes,  and  directing  the  corporation  counsel  to  institute  condemnation  pro- 
ceedings for  the  acquirement  of  the  same. 

§  13  Whenever  the  board  shall  intend  to  cause  any  work  to  be  performed  or 
to  purchase  any  supplies,  it  shall  be  the  duty  of  the  officers  or  employees  of  the 
board  having  jurisdiction  thereof  to  procure  estimates  of  such  work  or  supplies 
from  two  or  more  competitors  whenever  practicable,  and  report  such  estimate  to 
the  board  for  its  consideration  and  action.  The  board  may,  in  its  discretion,  ac- 
cept any  bid  which  is  most  advantageous  to  the  city  and  thereupon  cause  a  con- 
tract therefor  to  be  executed  in  the  name  of  the  city  by  the  president  of  the  board  : 
or  it  may  reject  any  or  all  bids,  as  the  interests  of  the  city  require. 

§  14  In  case  of  emergency  requiring  the  closing  of  a  school  building  unless 
immediate  repairs  thereto  are  made,  the  board  may  cause  repairs  thereto  to  be 
made  without  a  contract  therefor,  or  may  let  a  contract  therefor  without  advertis- 
ing or  receiving  bids,  upon  filing  with  the  comptroller  a  certificate  approved  by  the 
mayor  showing  such  emergency  and  the  necessity  of  repairs. 

§  15  The  board  shall  be  the  trustee  of  the  school  library  or  libraries  in  the 
city,  and  all  the  provisions  of  the  law  now  or  hereafter  passed  relative  to  public 
school  libraries  apply  to  the  board.  It  shall  be  vested  with  the  same  discretion 
as  to  the  disposition  of  all  moneys  appropriated  by  any  law  of  the  State  for  the 
purchase  of  school  libraries  which  is  therein  conferred  upon  the  inhabitants  of  a 
school  district.  It  shall  be  the  duty  of  the  board  to  provide  for  the  safekeeping 
of  the  school  library  or  libraries. 

§  16  Upon  recommendation  of  the  board  of  education,  the  sale  of  school- 
houses,  lots  or  sites,  or  any  other  school  property,  may  be  authorized  by  ordinance 
of  the  common  council  as  provided  by  law  in  relation  to  other  sales  of  real  prop- 
erty. The  proceeds  of  such  sales  must  be  paid  to  the  treasurer  to  the  credit  01 
the  funds  of  the  department  of  public  instruction. 

g   17  The  public  schools  shall  be  free  to  all  chilklren  between  the  ages  of  5 


444  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

and  21  years  residing  in  the  city,  and  the  evening  schools  shall  be  free  to  all 
persons  over  5  years  of  age  residing  in  the  city.  Children  under  5  years  of  age 
may  be  admitted  to  the  kindergarten  classes  of  the  public  schools. 

§  18  The  Yonkers  Public  School  Teachers  Retirement  Fund  Association  is 
hereby  established.  The  board  of  education  shall  constitute  a  board  of  trustees 
who  shall  have  the  general  care  and  management  of  the  public  school  teachers 
retirement  fund  created  by  this  act.  The  public  school  teachers  retirement  fund 
shall  consist  of  the  following  moneys  with  interest  or  income  therefrom : 

a  All  donations,  legacies  and  gifts  which  shall  be  made  to  the  said  fund. 

b  One  per  centum  per  annum  of  the  respective  salaries  paid  to  the  superin- 
tendent of  schools,  supervisors,  principals,  teachers,  registrars  and  janitors  regu- 
larly employed  in  the  public  schools  of  Yonkers,  and  who  may  elect  to  become 
members  of  this  association  within  one  month  after  the  passage  of  this  act,  or  if 
not  now  in  the  employ  of  the  city,  within  one  month  of  the  time  of  his  or  her 
appointment  hereafter. 

c  Five  per  centum  annually  of  the  excise  moneys  to  which  the  city  of  Yonkers 
may  be  entitled  by  virtue  of  the  provisions  of  the  liquor  tax  law  of  the  State  of 
New  York,  which  sum  shall  be  paid  into  said  pension  fund  and  duly  credited 
thereto  by  the  proper  officials  of  the  city. 

d  All  forfeitures  and  deductions  of  or  from  the  salary  of  any  superintendent, 
supervisor,  principal,  teacher,  registrar  or  janitor  employed  in  the  public  schools 
of  the  city.  Such  forfeitures  and  deductions  shall  be  paid  into  said  retirement 
fund  and  duly  credited  thereto  by  the  proper  officials  of  the  city. 

The  comptroller  shall  be  the  custodian  of  said  fund  and  the  city  treasurer  shall 
be  the  treasurer  thereof,  and  all  orders  made  payable  from  said  fund  shall  be 
made  upon  the  vote  of  said  board  of  trustees,  said  orders  to  be  signed  by  its 
president  and  countersigned  by  the  comptroller  and  city  treasurer.  The  comp- 
troller shall  invest  for  the  benefit  of  the  retirement  fund  all  the  moneys  not  neces- 
sary for  the  payment  of  annuities.  Such  investment  shall  be  made  only  in 
securities  in  which  the  savings  banks  of  the  State  of  New  York  are  authorized 
by  law  to  invest.  He  shall  report  to  the  board  annually  in  the  month  of  January 
the  condition  and  disposition  of  the  fund,  and  the  items  or  receipts  and  disburse- 
ments during  the  year  ending  on  the  31st  day  of  December  preceding.  The 
board  of  education  in  making  the  payrolls  for  October  and  March  in  each  year 
for  the  superintendent,  supervisors,  teachers,  registrars,  and  janitors,  hereinbe- 
fore mentioned,  shall  deduct  from  the  salary  payable  for  each  of  such  months 
to  each  of  said  persons  who  shall  be  members  of  said  public  school  teachers  re- 
tirement fund  association,  the  sum  of  one-half  of  one  per  centum  of  his  or  her 
annual  salary.  The  board  of  education  shall  thereupon  issue  a  certificate  to  the 
treasurer  stating  the  total  sum  so  deducted  and  also  the  total  amount  of  de- 
ductions from  the  salaries  of  any  persons  who  are  members  of  said  association, 
for  absence  from  duty  during  the  preceding  six  months.  Such  amount  shall  be 
paid  into  the  retirement  fund  and  duly  credited  thereto  by  the  comptroller. 


EDUCATION    CODE  445 

§  19  The  board  of  education  shall  have  power  to  retire  from  service  any 
superintendent,  principal,  teacher,  registrar  or  janitor  who  shall  have  served 
in  such  capacity  or  capacities  for  an  aggregate  period  of  twenty-five  years  for  a 
female  and  thirty  years  for  a  male,  and  no  person  so  retired  shall  become  an 
annuitant  under  this  act  unless  fifteen  years  of  such  service  shall  have  been 
rendered  in  the  public  schools  of  Yonkers,  and  unless  he  or  she  shall  have  come 
under  the  provisions  of  this  act  as  hereinbefore  provided.  Annuities  paid  in  pur- 
suance of  this  act  shall  be  one-half  of  the  salary  of  the  annuitant  at  the  time 
of  retirement  from  service,  except  that  no  annuity  shall  exceed  eight  hundred 
dollars  annually,  but  if  the  moneys  in  the  fund  and  the  receipts  of  said  fund  shall 
be  found  insufificient  to  fully  carry  out  the  provisions  hereinbefore  set  forth,  the 
trustees  shall  then  determine  the  pro  rata  amount  which  in  their  judgment  each 
annuitant  shall  receive  in  any  year,  and  such  amount  shall  be  deemed  full  pay- 
ment of  the  annuity  for  that  year.  If  at  any  time  a  superintendent,  supervisor, 
principal,  teacher,  registrar,  or  janitor,  belonging  to  this  association  shall  be 
refused  reemployment  by  the  board  of  education,  or  shall  be  discharged  before 
he  or  she  would  become  an  annuitant  under  the  provisions  of  this  act,  then  such 
person  shall  be  entitled  to  receive  from  the  treasurer,  without  interest,  a  sum 
ec|ual  to  the  total  deductions  from  his  or  her  salary  in  pursuance  of  this  act 
other  than  the  forfeitures  and  deductions  specified  in  subdivision  (d)  of  section 
18  of  this  article. 

§  20  For  the  purpose  of  providing  money  for  the  support  and  maintainance^ 
of  the  public  schools  in  the  city  from  the  ist  day  of  October,  1908,  to  the  ist 
day  of  January,  1909,  a  funded  debt  of  the  city  may  be  created  and  bonds  of  the 
citv  not  exceeding  in  the  aggregate  one  hundred  and  twenty-five  thousand  dol- 
lars may  be  issued  and  sold  as  provided  in  sections  60  and  61  of  chapter  473  of 
the  Laws  of  1906,  or  in  such  manner  as  may  hereafter  be  provided  by  law. 


'  So  in  the  original. 


NASSAU  COUNTY^ 

Chapter  407,  Laws  of  igio 

An  act  to  establish  a  public  school  teachers  retirement  fund  in  Nassau  county 

Section  i  The  Nassau  County  Public  School  Teachers  Retirement  Fund  Asso- 
ciation is  hereby  created.  The  county  judge  of  said  county  shall  appoint  a  board 
of  trustees  consisting  of  five  members,  one  or  more  from  each  of  the  following 
and  who  shall  be  residents  of  Nassau  county :  a  member  of  a  board  of  education  ; 
a  school  superintendent  or  principal ;  a  school  commissioner ;  other  county  official 
or  resident,  to  serve  one,  two,  three,  four,  five  years  respectively,  after  which 
one  shall  be  appointed  each  year  for  a  term  of  five  years.  A  vacancy  on  such 
board  shall  be  filled  for  the  remainder  of  the  unexpired  term  by  the  county  judge. 
This  board  of  trustees  shall  have  the  general  care  and  management  of  the 
teachers  retirement  fund  created  by  this  act.  Such  fund  shall  consist  of  the 
following  moneys  and  the  income  therefrom:  (a)  All  donations,  legacies  and 
gifts  which  shall  be  made  to  said  fund,  (b)  Moneys  that  may  be  appropriated 
pursuant  to  section  2  of  this  act.  (c)  One  per  centum  per  annum  of  the  respective 
salaries  paid  to  superintendents  of  schools,  supervisors,  principals  and  teachers 
regularly  employed  in  the  public  schools  of  Nassau  county,  and  county  school 
commissioners  if  licensed  teachers,  and  who  may  elect  to  become  members  of  this 
association  within  six  months  after  the  passage  of  this  act.  Superintendents, 
supervisors,  principals  and  teachers  not  so  employed  in  said  county  at  the 
time  this  act  takes  eflfect,  but  who  may  be  employed  as  such  thereafter,  shall 
become  members  of  this  association.  And  the  provisions  of  this  act  shall  become 
a  part  of  and  enter  into  any  such  contract  of  employment. 

§  2  The  board  of  supervisors  of  such  county  may  provide  by  resolution  an- 
nually for  the  payment  into  the  said  teachers  retirement  fund  of  a  sum  not  ex- 
ceeding the  amount  annually  contributed  to  such  fund  as  provided  in  section  i  of 
this  act.  .Said  board  of  supervisors  shall  annually  provide  the  board  of  trustees 
of  the  Public  School  Teachers  Retirement  Fund  Association,  as  created  by  section 
I  of  this  act,  with  such  supplies  for  the  necessary  correspondence  and  for  keeping 
the  records  of  the  association,  and  with  necessary  postage  and  printing,  as  said 
board  may,  by  resolution  approve.  Whenever  such  provision  is  made  the  board 
of  supervisors  shall  assess  the  amount  to  be  paid  into  such  fund  or  for  such  sup- 
plies, postage  and  printing,  upon  the  several  towns  and  cities  in  the  county  not 
maintaining  a  separate  teachers  pension  system  ratably  according  to  the  cor- 
rected valuations  of  real  and  personal  property  liable  to  taxation  in  such  towns 

1  The  teachers  of  this  county  have  abandoned  the  local  retirement  act  and  have  come  under 
the  general  law  relating  to  the  retirement  of  teachers  pursuant  to  section  iiog-b  of  the 
Education  Law.  The  act  has  not  been  specifically  repealed  but  by  the  action  of  the 
teachers  of  this  county  it  has  bren  superseded  by  the  general  law. 

I446I 


EDUCATION    CODE  447 

and  cities.  The  amount  so  assessed  shall  be  a  charge  upon  such  towns  and  cities 
and  shall  be  paid  to  the  county  treasurer  to  be  held  by  him  as  a  part  of  the  said 
teachers  retirement  fund.     (As  amended  by  L.  iQii,  ch.  692.) 

§  3  The  treasurer  of  said  county  shall  be  the  custodian  of  the  funds  and 
treasurer  of  the  association.  All  orders  made  payable  from  said  fund,  including 
the  cost  of  necessary  supplies,  postage  and  printing,  shall  be  made  upon  a  vote  of 
a  majority  of  the  board  of  trustees,  and  said  orders  shall  be  signed  by  the  presi- 
dent of  said  board  and  the  secretary.  The  treasurer  shall,  upon  direction  of  the 
board  of  trustees,  invest  for  the  benefit  of  the  retirement  fund,  all  moneys  not 
necessary  for  the  payment  of  annuities,  or  for  supplies,  postage  and  printing. 
Such  investment  shall  be  made  only  in  securities  in  which  the  savings  banks  of 
the  State  of  New  York  are  authorized  by  law  to  invest.  Such  treasurer  shall  re- 
port to  the  board  annually  in  the  month  of  October  the  condition  and  disposition 
of  the  funds,  and  the  items  of  receipts  and  disbursements  during  the  year  ending 
on  the  first  of  August  preceding.  Boards  of  education  and  school  trustees,  in 
making  payrolls  for  November  and  March  in  each  year,  for  superintendents, 
supervisors,  principals  and  teachers  hereinbefore  mentioned,  shall  deduct  from 
the  salaries  payable  for  each  of  the  said  months,  to  each  of  the  persons  named 
who  shall  be  menabers  of  the  association,  the  sum  of  one-half  of  one  per  centum 
of  his  or  her  salary.  Such  boards  of  education  or  school  trustees  shall  thereupon 
issue  a  certificate  to  the  treasurer,  stating  the  total  sum  so  deducted.  Such 
amount  so  deducted  shall  be  paid  into  the  retirement  fund  and  duly  credited 
thereto  by  the  treasurer.     (As  amended  by  L.  ipii,  ch.  6p2.) 

§  4  A  board  of  education  or  school  trustee  shall  have  power  to  retire  from 
service  any  superintendent,  supervisor,  principal  or  teacher  who  shall  have 
served  in  the  public  schools,  in  said  capacity  or  capacities,  for  a  period  of  twenty- 
live  years,  but  no  person  so  retired  shall  become  an  annuitant  under  this  act 
unless  ten  years  of  such  service  shall  have  been  rendered  in  the  public  schools  of 
Nassau  county,  and  unless  he  or  she  shall  have  come  under  the  provisions  of  this 
act  as  herein  provided ;  or  such  superintendent,  supervisor,  principal  or  teacher 
may  request  retirement  if  entitled  to  an  annuity.  Annuities  paid  in  pursuance 
of  this  act  shall  be  one-half  of  the  salary  of  the  annuitant  at  the  time  of  retire- 
ment from  service,  except  that  no  annuity  shall  exceed  six  hundred  dollars 
annually;  but  if  the  moneys  in  the  fund,  and  the  receipts  of  said  fund  shall  be 
found  insufficient  to  fully  carry  out  the  provisions  hereinbefore  set  forth,  the 
board  of  trustees  shall  then  determine  the  pro  rata  amount  which  in  its  judgment 
each  annuitant  shall  receive  in  any  year,  and  such  amount  shall  be  deemed  full 
payment  for  the  annuity  for  that  year.  If,  at  any  time,  a  superintendent,  super- 
visor, principal  or  teacher  belonging  to  the  association  shall  be  refused  re- 
employment by  a  board  of  education  or  school  trustee,  or  shall  be  discharged 
before  he  or  she  would  become  an  annuitant  under  the  provisions  of  this  act,  then 
such  person  shall  be  entitled  to  receive  from  the  treasurer,  without  interest,  a 
sum  equal  to  the  total  deductions  from  his  or  her  salary  in  pursuance  of  this  act. 
No  person  shall  become  an  annuitant  who  has  not  contributed  to  the  retirement 


g  THE    UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

fund  an  amount  equal  to  at  least  twenty  per  centum  of  his  or  her  annual  annuity ; 
but  any  such  person  otherwise  qualified  may  become  an  annuitant  by  making 
a  cash  payment  to  the  fund  before  receiving  an  annuity,  of  such  an  amount  as  his 
previous  contributions  may  have  fallen  short  of  the  required  twenty  per  centum. 
A  proportionate  annuity  may  be  allowed  in  case  of  disability  after  fifteen  years' 
teaching  service,  provided  six  years  of  such  service  have  been  in  Nassau  county. 
§  5  The  payment  of  annuities  shall  not  begin  until  September  i,  1912. 


SARATOGA  COUNTY* 

Chapter  igi,  Laws  of  igio 

An  act  to  establish  a  public  school  teachers  retirement  fund  in  Saratoga  county 
Section  i  The  Saratoga  County  Public  School  Teachers  Retirement  Fund 
Association  is  hereby  created.  The  county  judge  of  said  county  shall  appoint  a 
board  of  trustees,  consisting  of  five  members,  one  or  more  from  each  of  the 
following,  and  who  shall  be  residents  of  Saratoga  county :  a  member  of  a  board 
of  education ;  a  school  superintendent  or  principal ;  a  school  commissioner ;  other 
county  official  or  resident,  to  serve  one,  two,  three,  four,  five  years  respectively, 
after  which  one  shall  be  appointed  each  year  for  a  term  of  five  years.  A  vacancy 
on  such  board  shall  be  filled  for  the  remainder  of  the  unexpired  term  by  the 
county  judge.  This  board  of  trustees  shall  have  the  general  care  and  management 
of  the  teachers  retirement  fund  created  by  this  act.  Such  fund  shall  consist  of 
the  following  moneys  and  the  income  therefrom :  (a)  All  donations,  legacies 
and  gifts  which  shall  be  made  to  said  fund,  (b)  Moneys  that  may  be  appro- 
priated pursuant  to  section  2  of  this  act.  (c)  One  per  centum  per  annum  of  the 
respective  salaries  paid  to  superintendents  of  schools,  supervisors,  principals 
and  teachers  regularly  employed  in  the  public  schools  of  Saratoga  county,  and 
county  school  commissioners  if  licensed  teachers,  and  who  may  elect  to  become 
members  of  this  association  within  six  months  after  the  passage  of  this  act. 
Superintendents,  supervisors,  principals  and  teachers  not  so  employed  in  said 
county  at  the  time  this  act  takes  efifect,  but  who  may  be  employed  as  such  there- 
after, shall  become  members  of  this  association.  And  the  provisions  of  this 
act  shall  become  a  part  of  and  enter  into  any  such  contract  of  employment. 

§  2  The  board  of  supervisors  of  such  county  may  provide  by  resolution 
annually  for  the  payment  into  said  teachers  retirement  fund  of  a  sum  not 
exceeding  the  amount  annually  contributed  to  such  fund  as  provided  in  section 
I  of  this  act.  Whenever  such  provision  is  made  the  board  of  supervisors  shall 
assess  the  amount  to  be  paid  into  such  fund  upon  the  several  towns  and  cities 
in  the  county  not  maintaining  a  separate  teachers  pension  system  ratably  accord- 
ing to  the  corrected  valuations  of  real  and  personal  property  liable  to  taxation 
in  such  towns  and  cities.  The  amount  so  assessed  shall  be  a  charge  upon  such 
towns  and  cities  and  shall  be  paid  by  the  proper  officer  to  the  county  treasurer  to 
be  held  by  him  as  a  part  of  the  said  teachers  retirement  fund. 

§  3  The  treasurer  of  said  county  shall  be  the  custodian  of  the  funds  and 
treasurer  of  the  association.     All  orders  made  payable  from  said  fund  shall  be 


^  The  teachers  of  this  county  have  abandoned  the  local  retirement  act  and  have  come 
under  the  general  law  relating  to  the  retirement  of  teachers  pursuant  to  section  1109-fc 
of  the  Education  Law.  The  act  has  not  been  specifically  repealed  but  by  the  action  of 
the  teachers  of  this  countv  it  has  been  superseded  by  the  general  law. 

1,4491 


450  THE    UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

made  upon  vote  of  a  majority  of  the  board  of  trustees,  and  said  orders  shall  be 
signed  by  the  president  of  said  board  and  the  treasurer.  The  treasurer  shall, 
upon  direction  of  the  board  of  trustees,  invest  for  the  benefit  of  the  retirement 
fund  all  moneys  not  necessary  for  the  payment  of  annuities.  Such  investment 
shall  be  made  only  in  securities  in  which  the  savings  banks  of  the  State  of  New 
York  are  authorized  by  law  to  invest.  Such  treasurer  shall  report  to  the  board 
annually  in  the  month  of  October  the  condition  and  disposition  of  the  funds,  and 
the  items  of  receipts  and  disbursements  during  the  year  ending  on  the  first  of 
August  preceding.  Boards  of  education  and  school  trustees,  in  making  payrolls 
for  November  and  March  in  each  year,  for  superintendents,  supervisors,  principals 
and  teachers  hereinbefore  mentioned,  shall  deduct  from  the  salaries  payable  for 
each  of  the  said  months,  to  each  of  the  persons  named  who  shall  be  members  of 
the  association,  the  sum  of  one-half  of  one  per  centum  of  his  or  her  salary.  Such 
boards  of  education  or  school  trustees  shall  thereupon  issue  a  certificate  to  the 
treasurer,  stating  the  total  sum  so  deducted.  Such  amount  so  deducted  shall  be 
paid  into  the  retirement  fund  and  duly  credited  thereto  by  the  treasurer. 

§  4  A  board  of  education  or  school  trustee  shall  have  power  to  retire  from 
service  any  superintendent,  supervisor,  principal  or  teacher  who  shall  have  served 
in  the  public  schools,  in  said  capacity  or  capacities,  for  a  period  of  twenty-five 
years,  but  no  person  so  retired  shall  become  an  annuitant  under  this  act  unless 
ten  years  of  such  service  shall  have  been  rendered  in  the  public  schools  of 
Saratoga  county,  and  unless  he  or  she  shall  have  come  under  the  provisions  of 
this  act  as  herein  provided ;  or  such  superintendent,  supervisor,  principal  or 
teacher  may  request  retirement  if  entitled  to  an  annuity.  Annuities  paid  in 
pursuance  of  this  act  shall  be  one-half  of  the  salary  of  the  annuitant  at  the  time 
of  retirement  from  service,  except  that  no  annuity  shall  exceed  six  hundred 
dollars  annually ;  but  if  the  moneys  in  the  fund,  and  the  receipts  of  said  fund 
shall  be  found  insufficient  to  fully  carry  out  the  provisions  hereinbefore  set  forth, 
the  board  of  trustees  shall  then  determine  the  pro  rata  amount  which  in  its 
judgment  each  annuitant  shall  receive  in  any  year,  and  such  amount  shall  be 
deemed  full  payment  for  the  annuity  for  that  year.  If,  at  any  time,  a  super- 
intendent, supervisor,  principal  or  teacher  belonging  to  the  association  shall  be 
refused  employment  by  a  board  of  education  or  school  trustees,  or  shall  be 
discharged  before  he  or  she  would  become  an  annuitant  under  the  provisions 
of  this  act,  then  such  person  shall  be  entitled  to  receive  from  the  treasurer,  with- 
out interest,  a  sum  equal  to  the  total  deductions  from  his  or  her  salary  in  pur- 
suance of  this  act.  No  person  shall  become  an  annuitant  who  has  not  contributed 
to  the  retirement  fund  an  amount  equal  to  at  least  twenty  per  centum  of  his  or  her 
annual  annuity ;  but  any  such  person  otherwise  qualified  may  become  an  annuitant 
by  making  cash  payment  to  the  fund  before  receiving  an  annuity  of  such  an 
amount  as  his  previous  contributions  may  have  fallen  short  of  the  required  twenty 
per  centum.  A  proportionate  annuity  may  be  allowed  in  case  of  disability  after 
fifteen  years'  teaching  service,  provided  six  years  of  such  service  have  been  in 
Saratoga  county. 

sj   5  The  payment  of  annuities  shall  not  begin  until  September  i.  191 2. 


WESTCHESTER  COUNTY 

Chapter  431,  Laws  of  1909 

An   act  to  establish  a   public   school   teachers   retirement    fund    in    Westchester 

county 
Section  i  The  Westchester  County  Public  School  Teachers  Retirement  Fund 
Association  is  hereby  created.  The  county  judge  of  said  county  shall  appoint  a 
board  of  trustees,  consisting  of  five  members,  one  or  more  from  each  of  the 
following,  and  who  shall  be  residents  of  W^estchester  county :  a  member  of  a 
board  of  education ;  a  city  or  village  school  superintendent  or  principal ;  a  district 
superintendent ;  other  county  official  or  resident  to  serve  one,  two,  three,  four,  five 
years  respectively,  after  which  one  shall  be  appointed  each  year  for  a  term  of 
five  years.  A  vacancy  on  such  board  shall  be  filled  for  the  remainder  of  the 
unexpired  term  by  the  county  judge.  There  shall  be  a  president  and  secretary  of 
such  board  to  be  elected  annually  in  November,  from  the  members  of  the  board, 
by  majority  vote  of  the  members  of  the  board.  The  members  of  the  board, 
except  the  secretary,  shall  receive  no  salary  for  their  services.  The  secretary 
shall  receive  from  the  funds  of  the  association  a  compensation  not  to  exceed 
two  hundred  dollars  per  annum  and  an  allowance  for  postage,  stationery  and 
printing,  not  to  exceed  fifty  dollars  annually  such  as  shall  be  audited  and  allowed 
by  vote  of  the  board.  The  board  of  trustees  shall  have  the  general  care  and 
management  of  the  teachers  retirement  fund  created  by  this  act.  Such  fund 
shall  consist  of  the  following  moneys  and  the  income  therefrom:  All  donations, 
legacies  and  gifts  which  shall  be  made  to  such  fund.  Moneys  which  may  be 
appropriated  pursuant  to  section  2  of  this  act.  One  per  centum  per  annum  of  the 
respective  salaries  paid  to  city,  village  and  district  superintendents  of  schools, 
supervisors,  principals  and  teachers,  regularly  employed  in  the  public  schools  of 
Westchester  county,  and  the  provisions  of  this  act  shall  become  a  part  of  and 
enter  into  any  such  contract  of  employment.     (As  amended  by  L.  IQ14,  ch.  356.) 

§  2  The  board  of  supervisors  of  such  county  may  provide  by  resolution 
annually  for  the  payment  into  said  teachers  retirement  fund  of  a  sum  not  exceed- 
ing the  amount  annually  contributed  to  such  fund  as  provided  in  subdivision  "  c  " 
of  section  1  of  this  act.  Whenever  such  provision  is  made  the  board  of  supervisors 
shall  assess  the  amount  to  be  paid  into  such  fund  upon  the  several  towns  and  cities 
in  the  county  not  maintaining  a  separate  teachers  pension  system  ratably  accord- 
ing to  the  corrected  valuations  of  real  and  personal  property  liable  to  taxation  in 
such  towns  and  cities.  The  amount  so  assessed  shall  be  a  charge  upon  such  towns 
and  cities  and  shall  be  paid  by  the  i)roper  officer  to  the  county  treasurer  to  be  held 
by  him  as  a  part  of  the  teachers  retirement  fund.  {As  amended  by  L.  191J, 
ch.  23.) 

§  3  The   treasurer   of   said   county   shall   be  the   custodian    of   the   fund   and 

[45 1 1 


I 


452  THE    UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

treasurer  of  the  association.  All  orders  made  payable  from  said  fund  shall  be 
made  upon  vote  of  a  majority  of  the  board  of  trustees  and  said  order  shall  be 
signed  by  the  president  and  secretary  of  said  board.  The  treasurer  shall,  upon 
direction  of  the  board  of  trustees,  invest  for  the  benefit  of  the  retirement  fund, 
all  moneys  not  necessary  for  the  payment  of  annuities.  Such  investments  shall 
be  made  only  in  securities  in  which  the  savings  banks  of  the  State  of  New 
York  are  authorized  by  law  to  invest.  Such  treasurer  shall  report  to  the  board 
annually  in  the  month  of  October  the  condition  and  disposition  of  the  funds, 
and  the  items  of  receipt  and  disbursement  during  the  year  ending  on  the  first 
of  August  preceding.  Boards  of  education  and  school  trustees  in  making  payrolls 
for  November  and  March  in  each  year,  for  superintendent,  supervisors,  principals 
and  teachers  hereinbefore  mentioned  shall  deduct  from  the  salaries  payable  for 
each  of  the  said  months,  to  each  of  the  persons  named  who  shall  be  members  of 
the  association,  the  sum  of  one-half  of  one  per  centum  of  his  or  her  annual 
salary.     (As  amended  by  L.  igii,  ch.  2j;  L.  191 4,  ch.  356.) 

§  4  A  teacher  who  has  taught  in  public  schools  for  a  period  of  twenty-five 
years,  at  least  the  last  ten  of  which  period  shall  have  been  taught  in  the  public 
schools  of  Westchester  county  shall,  upon  his  retirement  from  actual  service  as 
such  teacher,  be  entitled  to  an  annuity  of  a  sum  equal  to  one-half  of  the  average 
salary  paid  to  such  teacher  for  the  last  five  years,  provided  that  no  annuity  shall 
exceed  the  sum  of  six  hundred  dollars,  other  than  that  of  superintendent  or 
principal,  whose  annuity  shall  not  exceed  eight  hundred  dollars,  but  if  the  moneys 
in  the  fund  and  the  receipts  of  said  fund  shall  be  found  insufficient  to  fully 
carry  out  the  provisions  hereinbefore  set  forth,  the  board  of  trustees  shall  then 
determine  the  pro  rata  amount  which  in  its  judgment  each  annuitant  shall  receive 
in  any  year,  and  such  amount  shall  be  deemed  full  payment  for  the  annuity  for 
that  year.  A  teacher  who  has  taught  in  public  schools  for  a  period  of  fifteen 
years,  at  least  the  last  six  of  which  were  taught  in  the  public  schools  of  West- 
chester county,  who  is  either  physically  or  mentally  incapable  of  teaching,  may 
be  retired,  and  shall  upon  his  retirement  be  entitled  to  an  annuity  of  as  many 
twenty-fifths  of  the  full  annuity  for  twenty-five  years  as  said  teacher  has  taught 
years.  Such  retirement  may  be  made  upon  the  request  of  the  teacher  or  upon 
the  request  of  a  board  of  education  in  a  city  or  union  free  school  district.  A 
request  for  retirement  shall  be  made  in  writing  addressed  to  the  secretary  of  the 
Westchester  county  teachers  retirement  board,  accompanied  by  evidence  showing 
that  the  teacher  named  therein  is  entitled  to  retirement,  and  that  he  has  complied 
with  the  provisions  of  this  article  and  the  rules  of  the  board  relating  to  the 
payment  of  annuities.  The  board  shall  pass  upon  all  requests  for  retirement, 
and  shall  determine  whether  such  requests  should  be  granted.  All  determinations 
of  the  board  relative  to  such  requests  and  the  payment  of  annuities  to  teachers 
shall  be  subject  to  appeal  to  the  commissioner  of  education.  The  provisions  of 
article  34  of  the  Education  Law  relative  to  appeals  shall  apply  to  appeals  from 
such  determinations.  No  person  shall  become  an  annuitant  who  has  not  con- 
tributed to  the  retirement  fund  an  amount  equal  to  at  least  fifty  per  centum  of 


i 


EDUCATION    CODE  453 

his  or  her  annuity ;  but  any  such  person  otherwise  qualified  may  become  an 
annuitant  by  making  a  cash  payment  to  the  fund  before  receiving  an  annuity,  of 
such  an  amount  as  his  previous  contributions  may  have  fallen  short  of  the 
required  fifty  per  centum.  All  teachers  employed  in  the  public  schools  of  West- 
chester county,  except  in  those  cities  in  which  provision  is  already  made  by  statute 
for  the  retirement  of  public  school  teachers  and  the  payment  of  aimuities  or 
pensions  to  such  teachers,  shall  contribute  to  the  teachers  retirement  fund  of  said 
county  one  per  centum  of  the  salaries  to  be  paid  to  such  teachers  annually ;  and 
boards  of  education  and  trustees  shall  cause  such  one  per  centum  to  be  deducted 
from  the  annual  salaries  of  the  teachers  in  their  respective  districts  or  cities. 
The  district  superintendent  of  each  supervisory  district  shall  include  in  his 
annual  report  to  the  Commissioner  of  Education  a  statement  showing  the  amount 
to  be  deducted  from  the  salaries  of  teachers  in  each  school  district  under  his 
supervision.  The  superintendent  of  schools  of  each  city  shall  include  in  his 
annual  report  to  the  Commission^  of  Education  a  statement  showing  the  amount 
to  be  deducted  from  the  salaries  of  teachers  employed  in  such  city.  The  district 
superintendent  of  each  supervisory  district  and  the  superintendent  of  each  city 
shall  file  with  the  treasurer  of  the  county  a  statement  showing  the  amount 
respectively  reported  by  them  to  the  Commissioner  of  Education  as  being  the 
amount  required  to  be  deducted  from  the  salaries  of  teachers  in  their  respective 
supervisory  districts  and  cities.  Such  statement  to  the  county  treasurer  shall  also 
respectively  show  the  aggregate  amount  required  to  be  so  deducted  from  the 
salaries  of  teachers  employed  in  each  town  in  such  supervisory  district  and  from 
the  salaries  of  teachers  employed  in  each  city  coming  under  the  provisions  of  this 
act.  The  district  superintendent  of  each  supervisory  district  shall  file  with  the 
supervisor  of  each  town  within  such  supervisory  district  at  the  time  he  files  his 
certificate  of  apportionment  of  public  school  moneys  a  statement  showing  the 
amount  required  to  be  deducted  from  the  salaries  of  the  teachers  employed  in 
each  school  district  in  such  town.  The  superintendent  of  each  city  shall  file 
with  the  chamberlain  or  treasurer  of  such  city  a  duplicate  of  the  certificate  which 
he  is  required  to  file  with  the  county  treasurer.  When  the  Commissioner  of 
Education  apportions  the  money  appropriated  by  the  Legislature  for  the  support 
of  common  schools  to  the  several  counties  of  the  State,  he  shall  cause  to  be 
determined  from  the  official  reports  of  district  and  city  superintendents  the  amount 
required  to  be  deducted  from  the  salaries  of  the  teachers  employed  in  West- 
chester county  who  come  under  the  provision  of  this  act.  The  Commissioner 
of  Education  shall  include  in  the  certificate  which  he  files  with  the  Comptroller, 
showing  the  amount  of  State  funds  apportioned  for  the  support  of  common 
schools  to  Westchester  county,  a  statement  showing  the  amount  required  to 
be  deducted  from  the  salaries  of  teachers  in  said  county.  The  Comptroller  shall 
issue  his  warrant  to  the  State  Treasurer  directing  such  treasurer  to  pay  to  the 
treasurer  of  Westchester  county  to  the  credit  of  the  teachers  retirement  fund  of 
said  county  from  the  appropriation  for  the  support  of  common  schools  an  amount 


1  So  in  the  original. 


ACA  THE    UNIVERSITY   OF    THE    STATE   OF    NEW    YORK 

equal  to  the  aggregate  amount  to  be  deducted  from  the  salaries  of  teachers  in 
said  county.  The  comptroller,  in  issuing  his  warrant  to  the  state  treasurer  for 
the  payment  to  Westchester  county  of  that  portion  of  the  moneys  appropriated 
for  the  support  of  common  schools  and  payable  on  or  before  March  i  of  each 
year,  shall  deduct  therefrom  an  amount  equal  to  the  amount  required  to  be 
deducted  from  the  salaries  of  teachers  as  shown  by  the  certificate  of  the  Com- 
missioner of  Education  filed  with  the  Comptroller.  The  county  treasurer  of 
Westchester  county  when  paying  to  the  supervisors  of  the  towns  of  said  county 
and  to  the  chamberlain  or  treasurer  of  a  city  in  said  county  the  first  half  of  the 
money  apportioned  annually  for  the  support  of  common  schools  shall  deduct  from 
the  amount  apportioned  an  amount  equal  to  the  amount  to  be  deducted  from 
the  salaries  of  the  teachers  in  such  town  or  city  as  shown  by  the  certificate  of  the 
district  and  city  superintendents  filed  with  such  treasurer.  The  supervisor  of 
each  town  shall  pay  to  the  collector  or  treasurer  of  each  school  district  in  such 
town  or  to  the  teachers  employed  in  such  districts  toward  their  salaries  on  the 
order  of  the  trustees  of  such  district  the  amount  apportioned  to  such  districts 
respectively  less  the  amount  required  to  be  deducted  from  the  salaries  of  the 
teachers  in  such  districts  as  shown  by  the  certificate  of  the  district  superin- 
tendent filed  with  such  supervisors.  The  word  "  teachers  "  as  employed  in  this 
act  includes  superintendents,  supervisors,  principals  and  teachers.  (As  amended 
by  L.  igii,  ch.  2j:  L.  1914,  ch.  336.) 

§  5  The  payment  of  annuities  shall  not  begin  until  September  i,  191 1. 

§  6  This  act  shall  not  apply  to  cities  in  said  county  where  there  is  already  in 
operation  a  plan  for  such  pensions. 


iF  CALlFORNlAt 


..  CALSF. 


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ml 


'-B2529  .N48   1975 


L   009  572  986   9 


'U. 


